Fatal offences against the person Flashcards
What does murder mean?
The unlawful killing of a human being with malice aforethought
What did Lord Mustill say about the law on homicide?
The phrase malice aforthought can be seen in:
- Direct intent to kill
- Oblique intent to kill
What is two key cases for mens rea and actus reus?
MR - DPP v Smith - Grievous means no more and no less than ‘really serious’
AR - R v Clegg - D’s lack of wicked or evil motive did not preclude his actions from being unlawful
What is voluntary manslaughter?
Loss of control and diminished responsibility are defences, not offences, so there are no actus reus and mens rea elements.
What is loss of control?
A partial defence to murder only, argued where an unlawful killing occurs following the defendants loss of self-control
What is loss of control defined under?
Section 54 of the Coroners and Justice Act 2009
What is the three stage test for loss of control?
The defendant must lose control
because of a qualifying trigger and
a person of their sex and age, with a normal degree of tolerance, might have reacted in the same way in the same circumstances
What is a good case for loss of control?
R v Jewell
What is a qualifying trigger?
AS shown is section 55:
Defendants fear of serious violence
Something that constituted circumstances of an extremely grave character
What is a good case on burden of proof?
R v Byme - sexual psychopath - what would a reasonable person consider abnormal?
What is unlawful act manslaughter?
Where an unlawful and dangerous act causes the death of a human being
What are two key cases for unlawful act manslaughter?
R v Lowe - the killing must be the result of the defendants act, not omission
R v Lamb - It is only necessary to establish the mens rea of the unlawful act. No additional mens rea is required for the subsequent death
What is gross negligence manslaughter?
Where the death is result of grossly negligent act or omission on the part of the defendant.
What is the key case for gross negligence?
R v Adomako - the Adomako test 4-part test
What are six key elements developed from cases for gross negligence manslaughter?
The defendant owed an existing duty of care to the victim
The defendant negligently breached that duty of care
At the time of the breach there was a serious and obvious risk of death
It was reasonably foreseeable
The breach of duty caused or made a significant contribution to the death of the victim
In the view of the jury, the circumstances of the breach were truly exceptionally bad
