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Mindmap

Homicide

usmanzafar Crimimal Law Englisch

Inhalt der Mindmap

Homicide

  1. Murder

    • The unlawful killing of another human being with malice aforethought
    • Mens rea: Intention to kill or cause GBH (Moloney (1985)
    • Oblique intention is sufficient if jury can show the defendant foresaw death/serious bodily harm as vir. certain consequence of actions Woolin (1998)
    • GBH needs no elabarotion beyond s.18 and s.20 of OAP act (1861) DPP v Smith, Saunders, Janjua
  2. Voluntary manslaughter

    • Diminished Responsibilty
      • Abnormailty of mental functioning which substantially impairs a persons ability to understand, rationalise, or exercise self control
      • First introduced by s.2 of the homicide act 1957
        • Updated by s.52 of Coroners and Justice act 2009
          • Changes introduced: recognised medical condition, abnormality of mental functioning, provides an explanation for D's conduct
            • substantially impaired ability to understand the nature of conduct, form a rational judgement or exercise self control
      • Not available to a charge of attempted murder (Campbell (1997)
      • Recognised medical condition
        • Alcohol dependence syndrome (Tandy, Wood)
        • Othello syndrome (extreme Jealousy) Vinagre (1979)
        • Several will strengthen a defence (reynolds (1988)
  3. Involuntary manslaughter

    • Reckless Manslaughter
      • was D aware of the necessary degree of risk of seious injury to the victim but chose to disregard it, or was indifferent to it (Lidar (2000)
    • Gross Negligence Manslaughter
      • Objective test
      • Duty of care
        • Donoghue v Stevenson...
        • Jury to decide whether it is applicable (Litchfield (1998)
        • failing to contact emergency services for half sibling may give rise to duty of care ( Evans (2009)
      • In criminal law the standard of negiignece is 'gross' (Adomako (1995)
        • Culpable neglignece of a gross kind (Doherty (1887)
        • 'showed such disregard that he deserved punishment (Bateman (1925)
      • Chain of causation must be present
    • Unlawful act manslaughter
      • doing a dangerous act that causes death
      • Four criteria
        • Must be an unlawful act
        • Must be dangerous (Church (1965)
          • Sober and reasonable bystander (Ball (1989)
            • verbally abused 87 year old man during burglary who died of heart attack
        • D must have mens rea of unlawful and dangerous act
          • strict liability offence was allowed in (andrews (2002)
          • does not have to intend or foresee death as a consequence of his act ( DPP v Newbury Jones (1977))
        • the act must have caused death
          • Causation requires outcome to be reasonably forseeable (Goodfellow (1986)
          • Injecting heroin will constitute dangerous and unlawful act (Cato (1976)
            • Self injection breaks chain of causation (Kennedy (2007)
      • Unlawful act
        • Criminal offence more appropriate to found a conviction - (Franklin (1883)
        • assault (Larkin) Battery (Church) Crim damage (DPP v Newbury) Arson (Willoughby) Robbery (dawson) Burglary (Watson) noxious substance s.23 oapa (Cato)
        • omission will not suffice
    • Offence not defence

Informationen

Beschreibung
Crimimal Law Mindmap am Homicide, erstellt von usmanzafar am 14/04/2013.
Erstellt von
usmanzafar · Apr 2013
Aktualisiert
30 Aug 2016
Aufrufe
293
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