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33 Cards in this Set
- Front
- Back
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Unlawful killing |
Coke |
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Of a human being NOT UNBORN CHILDREN |
Poulton |
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Under the Queen's peace |
Clegg |
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Death occurs when there has been the irreversible death of the brain stem |
Malcherek |
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Factual causation is a question of fat for the jury to determine |
Clarke |
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Test for factual causation: |
White But for the Defendant's actions, the Victim would not have died as and when he did |
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Acceleration must be significant (more than minimal) |
Cheshire |
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If there is an intervening act are the injuries caused by the Defendant still "operating and substantial" |
Malcherek |
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The Defendant's act need not be the sole cause of the Victim's death, it need only contribute significantly to the result |
Pagett (therefore can be multiple Defendants) |
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Take the Victim as you find them |
Blaue (if refuse blood transfusion, the Defendant can't assert this breaks chain of causation) |
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Death from fright, where no physically inflicted injuries. |
Watson use reasonably foreseeable test |
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There will still be legal causation if the original wound is still an operating and substantial cause of death at the time of death |
Smith |
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Medical negligence will only break causation if 'so independent of the Defendant's acts, and in itself so potent in causing death, that the Defendant's act were an insignificant contribution to death' |
Cheshire |
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Medical negligence will still have caused death if the Victim has a pre-existing condition, if the condition could not be treated due to harm caused by the Defendant |
McKechnie |
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Intention |
Moloney |
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Recklessness |
Cunningham |
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GBH is |
Smith Very serious harm |
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Intention not recklessness for murder with malice aforethought |
Moloney |
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Irrelevant that Defendant killed with benevolent intentions as in mercy killings |
Inglis |
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If arguing diminished responsibility - IMPAIRMENT MUST BE SUBSTANTIAL = MORE THAN MINIMAL |
Lloyd |
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Alcohol dependence syndrome is among the medical conditions recognised by the WHO |
Dietschmann |
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Where sexual infidelity is part of the context of other relevant triggers, then evidence relating to that sexual infidelity may be relevant when assessing that other possible qualifying trigger |
Clinton |
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Constructive manslaughter - crime requires proof of intention/recklessness; can't be negligent |
Lamb |
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Constructive manslaughter: ANY UNLAWFUL ACT |
Newbury |
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Would a sober and reasonable man who watched the act being carried out think it would be dangerous |
Ball |
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Burglary could amount to a dangerous act depending on the circumstances |
Birstow |
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Actus Reus for Gross Negligence Manslaughter |
Adomako |
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Whether a duty of care exists is a matter for the jury once the judge has decided that there is evidence capable of establishing a duty |
Willoughby |
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Breach of duty for omissions - PROVIDED THERE IS A DUTY TO ACT |
Khan |
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Breach of duty for omissions WHERE THERE IS A SPECIAL RELATIONSHIP |
Dobinson |
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Breach of duty for omissions where CONTRACTUAL |
Pittwood |
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Breach of duty for omissions where there is a STATUTORY DUTY TO ACT OR CREATED A DANGEROUS SITUATION |
Miller |
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Would a reasonable man be able to foresee risk of death |
Singh |
