fatal offences Flashcards

(29 cards)

1
Q

what is the defeniton of murder

A

the unlawful killing of a reasonable creature in being under the kings peace with malice aforethought express or implied

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2
Q

whats the case for unlawful in murder

A

r v beckford

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3
Q

whats the case for reasonable creature in being

A

ag ref 3

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4
Q

case for kings peace

A

r v blackman

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5
Q

what section and act is diminished responsibility under

A

s52 of the coroners and justice act

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6
Q

whats the defeniton of diminished responsibility

A

a person will nit be guilty of murder when suffering from diminished responsibility instead lliability will be reduced to involuntary manslaughter

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7
Q

whats the case for abnormality of mental functioning

A

r v byrne

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8
Q

whats a case for recognised medical condition

A

r v brown

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9
Q

what does substantial mean from substantially impair and what 3 things must be impaired

A

1) nature and quality
2) rational judgement
3) self control

substantial is total not trivial

r v lloyd
r v gold

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10
Q

amf + intoxicated case

A

r v deichman

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11
Q

what section and act is loss of control found under

A

s54 55 coroners and justice act

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12
Q

whats the defenition of loss of control

A

a person willl not be guilty of murder if the killing resulted from a loss of control which had a qualifying trigger and a person of the defendants sex and age may have acted in a similar way

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13
Q

total loss of control case

A

r v jewel

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14
Q

fear of serious harm case

A

r v ward

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15
Q

things said or done case

A

r v zeebeedee

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16
Q

sexual infedelity excluded case

17
Q

standard for LOC case

A

r v rejimanski

18
Q

intoxicated standard

19
Q

UDAM defenition

A

unawful act manslaughter is where the defendant commits an unllawful act not ommisio (r v lamb) which results in the death of another

20
Q

dangerousness test case

21
Q

UDAM aimed at case

22
Q

harm forseeability case UDAM

A

r v JM and SM

23
Q

property UDAM case

A

r v goodfellow

24
Q

victims frailty UDAM case

25
MR for UDAM case
r v newbury v jones
26
GNM defenition
the rules of gnm are found under r v adamarko and later clarified in r v broughton
27
what is obvious and serious
obvious: clear and unambiguous serious: more than minimal
28
case for obvious and serious
r v rudling
29
case and defenition of gross
truly exceptionally bad r v seclu