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14 Cards in this Set
- Front
- Back
- 3rd side (hint)
Types of Homicide (2)
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Non criminal - accidental and justifiable homicide
Criminal - murder and culpable homicide |
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Criminal Homicide
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Murder and culpable homicide share the same actus reus; the destruction of life. There is no time restriction on the occurrence of death after the acts which caused it; proof of the casual link is what is required.
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HMA v Brady - euthanasia case
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Murder
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AR - destruction of life
MR - 2 possible mens rea: (1) wicked intention to kill or (2) wicked recklessness |
Drury v HMA
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Lethal weapons
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The use of lethal weapons is important in determining if there was wicked recklessness
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HMA v McGuinness 1937
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Art and Part for Murder
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Where there was pre-concert, the mental element is whether it was objectively forseeabble to the coaccused that such violence was liabile to be used as carried an obvious risk of life being taken.
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Poole v HMA 2009
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The Defence of Self Defence in Murder
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Complete defence.
Essentials of the plea; 1) imminent danger to life or to prevent rape 2 inability to escape/violence used as last resort 3) degree of violence not excessive |
Prevention of rape - Pollock v HMA 1998
Inability to escape - Dewar v HMa 2009 Force not to be excessive - Pollock v HMA 1998 |
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Culpable Homicide Definition
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Where the mens rea for murder is absent or where it is present but mitigating factors operate.
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Drury v HMA 2001
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Types of Culpable Homicide (3)
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1) Voluntary Culpable Homicide
2) Involuntary unlawful act culpable homicide 3) Involuntary lawful act culpable homicide |
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Voluntary Culpable Homicide
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The destruction of life alongside the operation of a succesful defence.
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HMA v Brady 1997
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Provocation
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Not a complete defence.
3 requirements ; 1) Loss of self control 2) Brought on by provoking acts 3) Immediate retaliation and an appropriate response. |
Drury v HMA 2001
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Provoking Acts
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a) An initial assault by the victim
b) The discovery of sexual infidelity |
Violence cannot be over the top ; Thomson v HMA 1986
Infidelity ; HMA v Hill 1941 |
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Diminished Responsibility
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If ; the person's ability to determine or control conduct was impaired by reason of abnormality of mind; this includes mental illness.
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S 51B of the Criminal Procedure (Scotland) Act 1995
Galbraith v HMA 2001 |
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InvoluntaryUnlawful Act Culpable Homicide
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Where accused is committing a crime and causes someone else's death. Crime such as assault, fire raising and others
AR- Destruction of life MR- For the other crime |
Fire raising ; Mathieson v HMA 1981
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Involuntary Lawful Act Culpable Homicide
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This arises where the accused has caused another’s death while doing something which is lawful.
AR - Destruction of life MR -a criminal indifference to consequences coming from recklessness , gross or wicked negligence. |
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