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Criminal Law - Paper 1 > Fatal Offences > Flashcards

Fatal Offences Flashcards

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1
Q

What is the definition of murder?

A

The unlawful killing of a person in being and under the Queen’s peace with malice aforethought, express or implied by law

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2
Q

What is the actus reus of murder?

A

The unlawful killing of a person in being and under the Queen’s peace

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3
Q

What must the killing be in murder?

A

Unlawful

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4
Q

When is the killing not unlawful?

A

When done in self defence or in the prevention of crime

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5
Q

What can cause the killing?

A

D’s act or omission

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6
Q

Who must D kill?

A

A person in being

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7
Q

What does the Attorney-General’s Reference case say for murder?

A

V must have a separate existence from the mother and have an independent circulation

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8
Q

What happened in the murder Attorney-General’s Reference Case?

A

D stabbed his pregnant girlfriend and the child was born alive but died as a result of the premature birth

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9
Q

Who isn’t classed as a person in being?

A

A person who is brain dead

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10
Q

What is the case example of when someone who was brain dead was killed?

A

Malcherek

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11
Q

What happened in Malcherek?

A

Doctors switched off V’s life support when there was no activity in her brain stem

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12
Q

What does under the Queen’s peace mean?

A

That the killing of an enemy in the course of war is not murder but killing a prisoner of war would be

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13
Q

What is the mens rea for murder?

A

Malice aforethough, express or implied by law

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14
Q

What is express malice aforethought?

A

D must intend to kill

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15
Q

What is implied malice aforethought?

A

D must intend to cause GBH

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16
Q

What is the case example of when D was guilty of murder eventhough they didn’t intend to kill?

A

Vickers

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17
Q

What happened in Vickers?

A

D hit V several times and kicked her in the head and she died

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18
Q

What is Thabo Melli V R an example of?

A

When D formed mens rea at some point during the transaction

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19
Q

What happened in Thabo Meli V R?

A

D attacked V and thought he was dead so he pushed him off a cliff where he died from exposure

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20
Q

What is voluntary manslaughter?

A

Where D kills V with malice aforethought, but the killing occurs due to loss of control or diminished responsibility

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21
Q

Where is loss of control set out?

A

S.54 of the Coroners and Justice Act 2009

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22
Q

What is the first element of loss of control?

A

D must have lost self-control and this caused the killing

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23
Q

What does the case Cocker say?

A

D must have lost self-control not just self-restraint

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24
Q

What happened in Cocker?

A

D suffocated his wife after her repeated pleas to ease her pain from her incurable disease

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25
What doesn’t the loss of control immediately have to follow?
The qualifying trigger, there can be a delay between the qualifying trigger and the killing
26
What does S.54(4) of the Coroners and Justice Act 2009 day?
The defence is not available is D acted in a considered desire for revenge
27
What is the second element of loss of control?
D’s loss of self-control must have had a qualifying trigger
28
What does the case Ward say?
The loss of control must be due to D’s fear of serious violence from V against themself or another identified person
29
What happened in Ward?
V physically attacked D’s brother so D killed him
30
What does the case Zebedee say?
The loss of control must be due to things done or said which were extremely grave and caused D to have a justifiable sense of being seriously wronged
31
What happened in Zebedee?
D killed his elderly father who was senile and who whistles a tune repeatedly
32
What qualifying triggers are excluded by the S.55(6) of the Coroners and Justice Act 2009?
* Things done or said which amount to sexual infidelity * situations where D has encouraged either the fear of violence or the things done or said in order to have the excuse to use violence
33
What does the case Clinton say?
Sexual infidelity can be used to explain the context of other potential qualifying triggers
34
What happened in Clinton?
D was suffering from depression and killed his wife after she told him she was having an affair. She’s been taunting him about looking up suicide websites saying he’s not got the courage to commit suicide
35
What is the case example which shows where D has encouraged the situation?
Dawes
36
What happened in Dawes?
D attacked V then when V attacked back D killed him
37
What is the third element of loss of control?
It must be that a person of D’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or similar way to D
38
What does S.54(3) of the Coroners and Justice Act 2009 say?
Circumstances which only relate to D’s general capacity to exercise tolerance and self-restraint are to be disregarded
39
What things about D are to be ignored when taking into account the circumstances?
* being drunk * depression * epilepsy * aggressive by nature
40
What is the case example of when D being drunk wasn’t taken into consideration?
Amelash
41
What are circumstances which can be taken into account when deciding whether a person or normal self-restraint might have reacted in the same or similar way to D?
* unemployment * history of being sexually abused * severe problems with drugs and alcohol and being endlessly tainted about it
42
Where was diminished responsibility set out?
S.2(1) of the Homicide Act 1957
43
What amended diminished responsibility?
Coroners and Justice Act 2009
44
What is the first element of diminished responsibility?
D must have suffered from an abnormality of mental functioning
45
What is the case example of D suffering from an abnormality of mental functioning?
Byrne
46
What happened in Byrne?
D was a sexual psychopath who strangled a woman then mitigated her body
47
What did the court say an abnormality of mental functioning was?
A state of mind so different from that of an ordinary human beings that the reasonable man would term it abnormal
48
What is the second element of diminished responsibility?
D’s abnormality of mental functioning must be caused by a recognised medical condition
49
What was the condition recognised in Stewart?
Alcohol dependency syndrome
50
What must be given at trial to prove the condition?
Medical evidence
51
What is the third element of diminished responsibility?
D’s abnormality of mental functioning must have substantially impaired D’s ability to understand the nature of his conduct, form a rational judgement or exercise self-control
52
What does the cascade Lloyd say?
The impairment need not be total but must be more than trivial
53
What is the fourth element of diminished responsibility?
D must prove that his abnormality of mental functioning provides an explanation for his conduct in doing or being a party to the killing
54
What must there be between D’s abnormality of mental functioning and the killing?
A causal connection
55
What does the case Dowds say?
Voluntary intoxication alone is not capable of establishing the defence of diminished responsibility
56
What happened in Dowds?
D was intoxicated and stabbed his girlfriend
57
What happened in Dietschmann?
D was depressed and intoxicated at killed someone. D also had an abnormality of mental functioning as well as being intoxicated
58
What is involuntary manslaughter?
An unlawful killing where D does not have the intention to kill or cause GBH
59
What are the two types of involuntary manslaughter?
* unlawful act manslaughter | * gross negligence manslaughter
60
What is unlawful act manslaughter?
Where the death has been built up from D doing a dangerous and unlawful act which caused the death of V
61
Where are the elements of unlawful act manslaughter set out?
Lamb
62
What is the first element of unlawful act manslaughter?
D must do an unlawful act
63
What does the case LAMB say about the first element of unlawful act manslaughter?
The unlawful act must be a crime
64
What does the case LOWE say about the first element of unlawful act manslaughter?
An omission is insufficient
65
What does the case GOODFELLOW say about the first element of unlawful act manslaughter?
D’a unlawful act need not be aimed at V or even a person, it could be aimed at property
66
What is the second element of unlawful act manslaughter?
The unlawful act must be dangerous on an objective test
67
What does the case CHURCH say about the second element of unlawful act manslaughter?
A reasonable man must foresee a risk of some harm to another person resulting from the unlawful act
68
What does the case WATSON say about the second element of unlawful act manslaughter?
Where a reasonable man would be aware of V’s frailty and the risk of physical harm by shock to him then the unlawful act will be dangerous
69
What is the third element of unlawful act manslaughter?
The unlawful act must be. It’s a cause In fact and law of V’s death
70
What does the case CATO say about the third element of unlawful act manslaughter?
Where D injected V with the drug and V does then D can be convicted of unlawful act manslaughter
71
What does the case KENNEDY say about the third element of unlawful act manslaughter?
Where D prepared the injection and handed it to V but V injects himself then D cannot be liable as it was V’s voluntary act
72
What is the exception of when D can be liable for supplying drugs which caused death?
If they’re supplied to a young or vulnerable person
73
What is the fourth element of unlawful act manslaughter?
D must have the mens rea for the unlawful act
74
What does the case NEWBURY AND JONES say about the fourth element of unlawful act manslaughter?
It is not necessary for D to realise that the act is unlawful or dangerous
75
Where are the elements of gross negligence manslaughter set out?
Adomako
76
What is the first element of gross negligence manslaughter?
D must owe a duty of care
77
What was the duty of care owed in Andrews V DPP?
Motorists owe a duty of care to other road users and pedestrians
78
What was the duty of care owed in Adomako?
A doctor owes a duty of care to the patient
79
What happened in Wacker?
D smuggled 60 illegal immigrants into the country but shut the air vent and 58 died. D still owed them a duty of care
80
What happened in Evans?
V was a recovering addict and he sister supplied her with heroin and didn’t get medical help when she overdosed. She was liable as she contributed towards the death
81
What is the second element of gross negligence manslaughter?
D, by his act or omission, must have breached his duty of care
82
What does the case Adomako say about the second element of gross negligence manslaughter?
This will be so where D fails to reach the standard of care expected of the reasonable person in the same circumstances
83
What is the third element of gross negligence manslaughter?
D’s negkigence must be both a cause in fact and law of V’s death
84
What is the fourth element of gross negligence manslaughter?
There must be a serious and obvious risk of death in the circumstances
85
What does the case Misra say about the fourth element of gross negligence manslaughter?
The circumstances must be such that a reasonable person would have foreseen a serious and obvious risk of death
86
What is the fifth element of gross negligence manslaughter?
D’s negligence must be gross
87
What does the case Adomako say about the fifth element of gross negligence manslaughter?
The jury must consider whether, having regard to the risk of death, D’s conduct was so bad in all the circumstances as to amount to a criminal act or omission

Criminal Law - Paper 1 (12 decks)

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