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44 Cards in this Set
- Front
- Back
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Two Types |
Manslaughter Murder |
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Murder |
One of sound memory and age of discretion unlawfully kills under the Queen's peace. |
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R v Kerry Young |
R v Kerry Young - D was convicted of wounding with intent - Victim died - Double Jeopardy - Murder and assault separate offences |
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Victim - In Utero? |
Independent from mother for murder AG's ref no 3 of 1994 |
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Enoch |
A child only has independence from mother when born alive |
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Life ends at brain death |
Malcherek and Steel |
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Acceleration of death isn't a defence, all killings are acceleration of deaths |
R v Dyson |
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Medical Treatment which hastens Death |
Cox Adams Moor |
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Cox |
Administration medical treatment TO hasten death is unlawful. With a primary purpose of pain relief, it is allowed. |
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Adams |
Devlin J, no special defence for doctors Restoration of health is purpose Relief of pain that shortens life may be allowed. |
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Moor |
If D's purpose is proper medical treatment, his purpose is not to kill and he should be acquitted even if death is virtually certain. |
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D must intend to kill or cause GBH |
Vickers D convicted of murder Broke into property, intended to steal. Gave Old Lady blow to head. GBH - serious. |
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Oblique intention |
R v Woolin Virtually certain test |
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Implied malice |
Vickers - Malicious aforethought
Cunningham - Malicious means intention to the particular harm done. |
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Voluntary Manslaughter ie Defences |
Loss of Control Diminished Responsibility |
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Loss of control |
A defence only to murder Partial defence. |
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Burden of proof |
On prosecution |
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s54 Coroners and Justice Act 2008 |
D lost self control. Loss of self control was caused by a qualifying trigger. A person with D's age and sex with normal tolerance and self restraint. |
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Lose self control |
Subjective - Dawes. Unless circumstances are grave; even serious anger does not fall into threshold. |
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s54(4) Acting out of desire makes defence fail |
R v Jewell - Planning like a normal human being |
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Sexual Infedility cannot be its own qulifying trigger. |
R v Clinton, its existence does not prevent reliance on the defence. |
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Diminished Responsibility |
Rationale of Defence - D lacks capcity. |
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s52 Coroners and Justice Act |
Abnormality of mental functioning which arose from a medical condition. Substantially impaired D's ability to do one or more things in subsection 1a. Provides explanation for D's acts. |
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Old |
Byrne - Objective Vinagre - Morbid Jealousy Ahluwalia - Battered Women Syndrome |
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Substantial impairment |
R v R - Jury Discretion. Brown - Less than total, more than minimal. |
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Significant impact on causation - ie intoxication. |
Voluntary never a defence. - R v Stewart |
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Involuntary Manslaughter - Lacking Mens rea of manslaughter. |
Unlawful Act Gross Negligence |
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AG's Ref no 3 of 1994 |
D's act was unlawful D's act was dangerous D's act caused death. |
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Causation |
R v Carey - Assault, girl ran away. - Running away caused Aimee to have heart problem (egg shell skull?) - Convictions Quashed. |
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Identify Unlawful Act (must be a crime) |
Franklin - Threw box off bridge (not crime) - Hit swimmer - He died. - Not constructive manslaughter. |
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The unlawful act must be dangerous |
Church - Objective test, the sober and reasonable person would inevitably recognise the risk of at least some harm. |
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Omissions |
Lowe - Child died from neglect - Cannot be constructive manslaughter 0 gross negligent. |
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D need not know the act was unlawful |
DPP v Newbury |
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Intended target need not be Victim |
Larkin
- shaking razor about threatening mistress's lover - Mistress fell onto razor STILL GUILTY LOL |
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Peculiarities of victim |
Must be known to reasonable person - Eggshell Skull. - Dawson - Heart condition of person in petrol station hold up. Watson - Old man - frail. likely. |
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Mistaken belief not taken into account |
Ball - belief cartridges were empty. |
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Criticisms of Unlawful Act |
f |
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Gross Negligent Manslaughter |
Breaching a duty of care, resulting in death of victim |
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Adomako |
Introduces tests for duty of care from negligence into criminal law. Owed duty of care, Breached, grossly negligent Breach caused death |
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When is a duty owed? |
Doctors - Adomako Police Officers - R v West London Coroner Proximity - Singh |
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Breach by omission |
Omission to one's duty of care |
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Objective measure |
Reasonable person with set of skills - Adomako |
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Negligent breach must be over and above civil liability |
Bateman - Gross negligence of treatment to pregnant. |
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The apparent risk MUST be death |
Adomako |
