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19 Cards in this Set
- Front
- Back
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Zebedee (2012) |
Zebedee - d killed his elderly father with Alzheimer’s after he repeatedly soiled himself. Not able to rely on the defence of anger as things said and done not qualifying trigger or didn’t have a sense of being seriously wronged. |
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Dawes (2013) Showing what? |
Dawes - man found wife in bed with another man so stabbed him in the neck. Defence of loss of self control not allowed. Showing sexual infidelity is not a normally qualifying trigger. |
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R v Clinton |
R v Clinton - qualifying trigger of loss of self control allowed when v compared sexual performance because he was emotionally angered as well as from her affair. |
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What is the test for a “reasonable man”? |
1) must be a comparison from same age and gender. 2) was the violent action of the defendant justifiable? |
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Camplin Showing what ? |
Camplin - boy retaliated when a man made fun of boy sexual abilities. For reasonableness, have to take into account the common reaction of a boy of similar age. |
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What is unlawful act manslaughter ? (Involuntary) |
When a person is pErforming a criminal act and ends up killing someone by accident. |
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What are the three requirements of the actus reus of unlawful act manslaughter ? |
1) an unlawful act committed by defendant 2)unlawful act must be dangerous 3) it must cause death. |
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R v lamb Showing what? |
R v lamb - d pointed gun at v as a joke and pulled trigger, killing v. not guilty of manslaughter as v shared in joke and had no fear of violence. Showing there must be an unlawful act, not omission. |
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R v church. Showing what? |
R v church - d thought he killed v during an assault (first criminal act) then disposed body where he actually died. Showing there must be an unlawful act , not omission. |
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R v Dawson |
R v Dawson - d robbed a petrol station and gave the man a heart attack. No reasonable man would know that he had a bad heart so not guilt of manslaughter. |
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R v Watson - stating |
R v Watson - following Dawson and applying test, must be same reaction and thinking of reasonable man (sober). |
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Larkin Showing what? |
Larkin - d was threatening v’s husband. V tried to intervene and fell and cut her throat on the razor. D was guilt of unlawful act manslaughter of v. Showing doesn’t have to be aimed at v for d to be guilty of unlawful manslaughter to v. |
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R v goodfellow 1986 |
R v goodfellow - d set fire to flat so council will rehouse him. Accidentally killed 3 others. Guilty of unlawful act manslaughter. |
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Newbury and Jones 1976 |
Newbury and Jones - two teen boys pushed paving stone from bridge hitting and killing guard. Lords agreed, dangerous, unlawful and resulted in death so unlawful act manslaughter. |
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Le brun 1991 |
Le brun - d hit his wife and she fell. He dragged her inside, accidentally hit her head and she died. Unlawful act manslaughter. |
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What does gross negligence mean? |
Conscious and voluntary disregard of the need to use reasonable care. |
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R v Bateman 1925 Stating what? |
R v Bateman - d was a doctor in charge of a woman’s labour. She died. He was not convicted. “an act which shows such disregard for life and safety of others. Must be gross to convict. “ |
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Singh 1999 |
Singh - v a tenant died in a house from carbon monoxide. D was guilty of gross negligence manslaughter as he owed a duty of care. |
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R v wacker |
R v wacker- 58 vs died of suffocation when illegally hiding in a lorry as immigrants. D knew there were there so guilt of gross negligence manslaughter. |
