Fatal offences

Question 1

what was Lord Coke’s definition of murder

Answer 1

the unlawful killing of a reasonable being under the king’s peace of any country of the realm, with malice aforethought expressed or implied

Question 2

what are all the elements for murder and their cases

Answer 2

1) unlawful killing - R v Gibbins and Proctor
2) human being - independent existence outside of the womb - AG’s Ref No.3 1994
3) under the king’s peace - no war time - R v Page

Question 3

what must be added for murder

Answer 3

legal and factual causation

Question 4

what is the MR for murder

Answer 4

malice aforethought expresses or implied

Question 5

what is express malice

Answer 5

direct intention to kill or virtual certainty of death
r v Mohan
r v Woolin

Question 6

what is implied malice

Answer 6

where D intends to cause GBH (really serious harm) and the V dies

Question 7

what are the two types of manslaughter

Answer 7

voluntary and non-voluntary manslaughter

Question 8

what are the voluntary manslaughters

Answer 8

diminished responsibility
loss of control

Question 9

what is diminished responsibility defined in

Answer 9

s.2 Homicide act 1957 and amended by s.52 Coroners and justice act 2009

Question 10

what is the definition of DR

Answer 10

D was suffering an abnormality of mental functioning from a recognised medical condition which substantially impaired his ability to do one of three specified things and provides an explanation for D’s acts

Question 11

what is the first element for DR

Answer 11

abnormality of mental functioning -in r v Byrne ‘a state of mind so different from that of a ordinary human being, that a reasonable man would term it abnormal’

Question 12

second element for DR

Answer 12

arises from a recognised medical condition - s.52.1.a
recognised by psychiatrists according to an international defined list
e.g. ADS, BSS

Question 13

third element of DR

Answer 13

substantial impairment of ability - s.52.1.b
R v Golds

Question 14

what are the three gateways for a substantial impaired ability

Answer 14

s.52.1a.a - understand their conduct
s.52.1a.b - form a rational judgment
s.52.1a.c - ability to exercise self control

Question 15

what is the fourth element for DR

Answer 15

provides an explanation of D’s conduct
s.52.1.c
d’s abnormality of mental functioning must cause significant contributory factor in d’s reason to kill

Question 16

does intoxication support as a defence for DR

Answer 16

no as it is not a recognised medical condition
R v Dietschmann

Question 17

what is Loss of Control defined under

Answer 17

s.54-55 Coroners and Justice act 2009

Question 18

what is the definition of LoC

Answer 18

d’s act or omission in killing V resulted from a loss of control which had a qualifying trigger and a person of D’s sex and age might have acted in the same way

Question 19

first element of LoC

Answer 19

there must be a loss of control - s.54.2
R v Jewell

Question 20

what is R v Jewell

Answer 20

a loss of ability to act in accordance with considered judgment or a loss of normal power of reasoning

Question 21

what was s.54.4 for LOC

Answer 21

If a person acts out of revenge, then the defence will fail

Question 22

second element for LOC

Answer 22

there must be a qualifying trigger that causes the loss of control
s.54.1.b

Question 23

what is trigger 1

Answer 23

fear of serious violence - s.55.3
LOC as long as it was honestly thought by D
R v Ward

Question 24

what is the second trigger

Answer 24

things said or done - s.55.4
of extreme graveness
R v Zebedee

Question 25

third element of LOC

Answer 25

the normal persons test - s.54.1.c would a person of D's age and sex, with a normal degree of tolerance and self-restraint, and in the same circumstances react in a similar or same way as D

Question 26

what are the involuntary manslaughters

Answer 26

unlawful act manslaughter Gross negligence manslaughter

Question 27

what is UAM

Answer 27

when d commits an unlawful positive act which resulted in the death of V

Question 28

first element for UAM

Answer 28

there must be an unlawful act must be a positive act, a crime, any crime, and not aimed at v

Question 29

cases for the first element of UAM

Answer 29

Lowe, Lamb, Larkin, Mitchell

Question 30

second element for UAM

Answer 30

the unlawful act must be dangerous - objective test - would a sober and reasonable man regard the criminal act as dangerous and carries the risk of some harm occuring R v Church R v Newbury and Jones - d does not need to realise the risk of harm

Question 31

third element of UAM

Answer 31

legal and factual causation

Question 32

rules for drugs and UAM

Answer 32

if D injects V and causes death - guilty - R v Cato if D supplies by V inserts drugs and dies - R v Kennedy

Question 33

MR for UAM

Answer 33

D must have the MR for the unlawful act and not need to know the act is unlawful or dangerous

Question 34

what is GNM

Answer 34

extreme carelessness in a breach of duty ultimately leading to death

Question 35

what tests if GNM given in

Answer 35

Adamako (1994) but restated in Broughton 2020

Question 36

first element for GNM

Answer 36

there must be a duty of care

Question 37

second element for GNM

Answer 37

breach of duty - reasonable man test where D is judges against the standard expectations of a reasonable man doing the same activity

Question 38

third element for GNM

Answer 38

factual and legal causation

Question 39

fourth element for GNM

Answer 39

D's act must have been grossly negligent

Question 40

fifth element of GNM

Answer 40

risk of death - there must be a clear and obvious risk of death R v Rose - an obvious risk is clear and understanding and unambiguous