Fatal Offences Flashcards
(23 cards)
Murder Definition
unlawful killing of a human being with malice aforethought”
AR Unlawful killing Murder
The unlawful killing of a human being under the Queen’s peace. it is possible for a killing to be lawful (self defence), unlawful if under the Queens Peace
AR causation Murder
R v White ‘but for’ test, could be via an act or omission, through direct or indirect actions.
AR death Murder
‘brain stem death.’ R v Inglis
AR Human Being Murder
being born alive and breathing through lungs. (not a foetus, unless later born alive and then dies from injuries)
MR Direct Intent to kill Murder
R v Vickers (diliberate nature attack)
MR inDirect Intent to kill Murder
R v Woolin (foreseen death is virtually certain)
MR Direct Intent to cause GBH
R v Cunningham (diliberate nature attack)
MR inDirect Intent to cause GBH
R v Nedrick (serious harm was virtually certain)
Case for Murder
R v Smith - Despite medical
complications, D’s act was main cause of death.
Grossly Negligence Manslaughter Definition
death is a result
of a grossly negligent
act or omission.
The Test of Grossly Negligence Manslaughter
R v Broughton) - effectively reiterates and clarifies the existing 4 - part test (R v Adomako).
1st Part Grossly Negligence Manslaughter
- D owed duty of care to V. D had a legal responsibility to act with care towards V. (Donoghue v Stevenson)
2nd Part Grossly Negligence Manslaughter
D breaded that duty. D failed to meat the standard expected of care of a reasonable person.
3rd Part Grossly Negligence Manslaughter
Serious and obvious risk. Objective test: Would a reasonable person have foreseen the risk of death.
4th Part Grossly Negligence Manslaughter
Causation. Factual Causation - “but for” D’s breach would V have died
legal causation - Substantial and operative cause of death
5th Part Grossly Negligence Manslaughter
More then minimal contribution to the death. Very serious departure of standards of care expected.
6th Part Grossly Negligence Manslaughter
Jury sees as criminally negligent. Conduct was so seriously negligent it deserves a criminal punishment in the eyes of the jury.
Involuntary manslaughter Definition
an offence where the death must have been caused by D’s unlawful conduct.
AR of Involuntary manslaughter
The killing must be the result of the D’s act, not omission. (R v Lowe)
AR of Involuntary manslaughter Cases
The act must be unlawful (R v Franklin) - must be criminal however, (R v Rodgers) the act needs to not be directed against V.
AR of Involuntary manslaughter Cases 2
all sober and reasonable people would realise
R v Church) it would subject the V to the risk of physical harm.
MR of Involuntary manslaughter
The MR required is that of the unlawful act itself. no need for intention or recklessness. (R v lamb) - required an unlawful and dangerous act.
