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8 Cards in this Set
- Front
- Back
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Actus Reus of Murder |
Unlawful killing of another |
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Mens Rea of Murder |
Intention to kill (R v Matthews & Alleyne) or cause really serious harm (R v Moloney) |
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What forms of intention are required for Murder? |
Direct intent, or death or really serious injury are virtually certain consequences (oblique intent). |
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What full defences are available to Murder? |
Insanity, automatism, mistake and self defence. |
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What partial defences to a charge of Murder? What effect if established? |
1. Diminished responsibility - an abnormality of mental functioning which arose from a mental condition and substantially impaired D's ability to understand conduct, be rational or exercise self-control (S. 2 Homicide Act 1957). 2. Loss of Control - Acts and omissions result from loss of control, loss of control had a qualifying trigger, normal person of D's sex and age might have reacted in the same way (S.54 Coroners and Justice Act 2009). If either established, liability reduced to manslaughter. |
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Voluntary Manslaughter - Actus Reus |
As for murder - unlawful killing of another. |
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Voluntary Manslaughter - Mens Rea |
As for murder - intention to kill or cause really serious harm. Both elements established, but partial defence exists. |
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Gross negligence manslaughter - Actus Reus |
(1) Duty of care owed by D (2) which has been grossly breached (3) the breach resulting in death. |
