Homicide Offences

Question 1

Definition of homicide

Answer 1

the unlawful killing of a human being

Question 2

What must be proved to prove the actus reus of murder

Answer 2

a reasonable creature in being
under the kings peace
killing was unlawful

Question 3

Attorney general case homicide

Answer 3

stabbed preg girlfriend - foetus not “human being” has to be independent from mother

Question 4

R v Malcherek and steel

Answer 4

doctor switching of life support when victim is brain dead does not break chain of causation

Question 5

Factual causation

Answer 5

defendant caused the death in fact

Question 6

“but for” test case

Answer 6

R v White

Question 7

de minimus rule

Answer 7

insignificant, minimal

Question 8

De minimus case

Answer 8

R v Pagett

Question 9

Legal causation

Answer 9

defendant caused death in law

Question 10

Factual causation elements

Answer 10

but for test
de minimus rule

Question 11

Legal causation elements

Answer 11

injury must be substantial
Thin skull test
foreseeable intervening act

Question 12

mens rea for murder

Answer 12

Malice aforethought

Question 13

R v Vickers

Answer 13

intended to inflict GBH implies malice aforethought

Question 14

R v Latimer

Answer 14

BELT - transferred malice

Question 15

Continuing Act case

Answer 15

Fagan

Question 16

Problems with law on murder

Answer 16

developed bit by bit - better to have one statute

Question 17

Whats defined as a reasonable creature

Answer 17

independent from mother

Question 18

Case for thin skull rule

Answer 18

R v Blaue

Question 19

Defence for voluntary manslaughter

Answer 19

loss of control, responsibility and suicide pact

Question 20

Loss of control act

Answer 20

Coroners and Justice Act 2009

Question 21

Loss of control elements

Answer 21

Loss of control, qualifying trigger

Question 22

what is Sexual infidelity accepted under

Answer 22

ground of provocation

Question 23

Burden of proof

Answer 23

beyond reasonable doubt

Question 24

problems with loss of control defence

Answer 24

defence of loss of control narrower than provocation

Question 25

Act for homicide

Answer 25

Homicide Act 1957

Question 26

Diminished responsibility

Answer 26

recognises some defendants commit crime because of their mental illness

Question 27

R v Byrne

Answer 27

defined abnormality of the mind as a state of mind different from ordinary human being it cannot be measured with the reasonable man

Question 28

R v Dietschmann

Answer 28

defendant depressed, got drunk and killed someone - court accepted diminished responsibility as depression substantial cause

Question 29

Involuntary manslaughter

Answer 29

unintentional to kill someone

Question 30

Two forms of involuntary manslaughter

Answer 30

constructive manslaughter and gross negligence manslaughter

Question 31

R v Lowe

Answer 31

child neglect caused child's death

Question 32

R v D

Answer 32

victim committed suicide due to domestic abuse

Question 33

What did R v D hold

Answer 33

unlawful criminal act because it constituted an offence under s20 Offences Against the Person Act 1861

Question 34

Elements of unlawful act

Answer 34

D must do unlawful act act must be dangerous on objective test Act must cause death D must have required mens rea

Question 35

R v Franklin

Answer 35

threw box into sea and killed swimmer

Question 36

R v Lamb

Answer 36

revolver

Question 37

How was R v Lamb not an unlawful act

Answer 37

friend did not fear any violence from D

Question 38

R v Church

Answer 38

van fight - D thought she was dead and threw her in river and she drowned

Question 39

What did R v Church hold

Answer 39

test has to be whether a sober and reasonable person would realise the risk of their act

Question 40

R v Larkin

Answer 40

razor

Question 41

R v Mitchell

Answer 41

Post office

Question 42

R v Goodfellow

Answer 42

D set fire to council flat and his family died

Question 43

R v Dawson

Answer 43

3 D's attempted to rob and attendant died from a heart attack - NOT MANSLAUGHTER

Question 44

R v Watson

Answer 44

broke into old mans home and beat him up - died from heart attack 90 mins later

Question 45

R v Cato

Answer 45

injected each other and one died

Question 46

R v Cato significance

Answer 46

2 points raised whether d committed unlawful act whether d caused v's death or whether self injection is an intervening act

Question 47

What is gross negligence manslaughter

Answer 47

Duty of care present

Question 48

R v Adomako

Answer 48

anaesthetist -

Question 49

main case creating gross negligence elements

Answer 49

R v Adomako

Question 50

3 elements of gross negligence manslaughter

Answer 50

duty of care present breach of duty gross negligence which jury considers criminal

Question 51

R v Singh

Answer 51

Landlord - faulty gas fire caused death of tenants

Question 52

Reckless manslaughter

Answer 52

D killed V foreseeing risk of death of injury