Fatal Offences

Question 1

How did Lord Coke define murder?

Answer 1

The unlawful killing of a reason creature in being under the King’s Peace with malice aforethought

Question 2

What is voluntary manslaughter?

Answer 2

There must be loss of control and diminished responsibility.

Question 3

What does loss of control require?

Answer 3

-loss of self control
-a qualifying trigger
-a person of the same sex and age might react the same way

Question 4

What is involuntary manslaughter?

Answer 4

Must be an unlawful act and gross negligence manslaughter.

Question 5

What is an unlawful act manslaughter?

Answer 5

-unlawful
-dangerous
-causation

Question 6

What is Gross Negligence Manslaughter?

Answer 6

-duty of care
-duty breached
-risk of death
-breached caused death
-so gross as to be criminal

Question 7

What happened in R v Broughton?

Answer 7

Defendant gave girlfriend drugs and failed to summon help for her. He was found guilty of murder as he owed her a duty of care.

Question 8

What happened in R v Clinton

Answer 8

Sexual infidelity was not a trigger for loss of control.

Question 9

What case goes with qualifying trigger?

Answer 9

R v Dawes

Question 10

What happened in R v Lowe?

Answer 10

Child was neglected - unlawful act

Question 11

What happened in R v Misra?

Answer 11

Wasn’t treated for an infection - breach must be gross