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29 Cards in this Set

  • Front
  • Back
AR-D causes v, a human being, to die during peacetime
MR-an intention to kill or cause GBH-Moloney
Implied malice (intention to commit serious harm or gbh) is sufficient MR for murder
jury cannot state intention unless it feels sure that death or GBH was a virtual certainty barring some unforeseen event as a result of the accused's actions and that the accused appreciated such was the case
Voluntary manslaughter- D has the mens rea for murder but there are the 3 partial defences
Diminished responsibility
Suicide pacts
Diminished Responsibility
s2 Homicide Act 1957
D must prove
abnormality of mind
from a specified cause
such abnormality substantially impaired D's responsibility
abnormality of mind is a state of mind so different from that of ordinar human beings that the reasonable man would term it abnormal
did the underlying condition substantially impair D's responsibility for the killing
includes depression
includes battered woman syndrome
includes mental illness
Diminished responsibility
Section 52 of the Coroners and Justice Act 2009 new diminished responsibility defence
Abnormality of mental functioning

Specified Medical Condition

Substantial impairment of responsibility
• D’s understanding of the nature of his conduct,
• D’s ability to form rational judgment or
• D’s ability to exercise self-control.
Provocation s3 Homicide Act 1957
provocative conduct-things said or done
D lost self control
Reasonable man would have done what D did
D's loss of self control has to be sudden and temporary so D was not master of his mind
loss of self control was breaking of the camels back
addiction to glue sniffing was a characteristic of particular relevance
jury should be directed to apply a uniform objective standard of the degree of self control to be expected of an ordinary person of D's age and sex with ordinary powers of self control.
prosecution must disprove provocation beyond reasonable doubt
D's age and physical characteristics should be taken into account
Smith (Morgan)
Certain characteristics of the defendant, beyond simply their age and sex, could be taken into account when applying the objective test.
Provocation replaced by Sections 54 and 55 of the Coroners and Justice Act 2009
loss of Self control
caused by a Qualifying Trigger
s55 CJA qualifying triggers
D had a fear of serious violence from V against D or another person s.55(3)

there was a thing or were things either said or done or both which constituted
circumstances of an extremely grave character and caused D to have a
justifiable sense of being seriously wronged (s.55(4))
these triggers will apply unless
D has incited the trigger as an excuse to use violence

the reason for the loss of self-control is sexual infidelity (s.55(6))
Involuntary Manslaughter
An unlawful homicide without the Mens Rea for murder
-reckless manslaughter-less than Woollin intention
-unlawful act manslaughter
-gross negligence manslaughter
for reckless manslaughter- prosecution has to prove foresight of at least serious harm with a determination nevertheless to run it
Stone & Dobinson
D has to actually foresee the risk or recklessly disregard a risk to V's health and welfare
Unlawful Act manslaughter
4 Requirements
-D does an act
-that act must be unlawful
-that act must be dangerous, all sober and resonable people would inevitably recognise such. it must subject the other person to the risk of at least serious harm
-The act causes V's death
Gross negligence manslaughter
5 stage test
D owes V a duty of care
breach caused death
breach is serious enough to be a crime
D breaches that duty-objective standard
Misra and Srivastava
breach involves an obvious risk of death