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Flashcards

Fatals: Cases and Principles

Stuart Halford A Level Law Y13 English 54 cards

Cards in this deck (54)

  1. 1What are the two situations in which killing is lawful?Done in self defence
    Done in prevention of crime
    (provided reasonable force)
  2. 2What are the exceptions to the normal rule on omission?Contractual Duty
    Duty because of relationship
    Duty taken on voluntarily
    Duty because D has set in motion a chain of events.
  3. 3Which cases is used to illustrate contractual duty?Pittwood (1902)
    Railway crossing guard.
  4. 4Which case involves a parent - child duty?Gibbins and Procter (1918)
    Starvation of child
  5. 5What is the main case used to illustrate a duty undertaken voluntarily?Stone and Dobson (1977)
    Elderly sister - malnutrition
  6. 6Which case illustrates a duty that arises as D has set in motion a chain of events?Miller (1983)
  7. 7What are the two problem areas in the definition of a reasonable creature in being?A foetus in the womb
    If the victim is "brain dead" but being kept alive by life support system.
  8. 8What three things are necessary to proven about the D's conduct in murder?Was the factual cause
    Was the legal cause
    No intervening act
  9. 9Which case is cited for factual cause?Pagett (1983)
  10. 10What is the important point in legal causation?D's conduct must be more than minimal but need not be substantial.
  11. 11What is the more common term for taking the victim as you find them?Thin skull rule
  12. 12Which case is used as authority for the thin-skull rule?Blaue (1975)
  13. 13What three acts/events can break the chain of causation?An act of a third party
    Victims own act
    A natural but unpredictable event
  14. 14Which two cases illustrate no break in the chain of causation?Smith (1959)
    Two soldiers - artificial respiration aggravates.
    Cheshire (1991)
    Shot - tracheotomy - complications
  15. 15Which case demonstrates a break in the chain of causation?Jordan (1956)
    Stab - antibiotic - allergic reaction - next day larger dose.
  16. 16Which cases demonstrate reacting in a foreseeable way and an unreasonable way?Roberts (1971)
    Jumps from car - assault
    Williams (1992)
    Jumps from car - wallet - unreasonable
  17. 17Malice aforethought has two intentions that can prove D guilty of murder. These are....Express malice aforethought (intention)
    Implied malice aforethought (intention to cause GBH)
  18. 18Which cases prove implied malice aforethought?Vickers (1957)
    Sweetshop - hit/kicked woman who ran shop.
    Cunningham (1981)
    V hit with stool.
  19. 19What are the two key words in s8 of the Criminal Justice Act in relation to consequence and direct/oblique intent?Intend and foresee
  20. 20What is the current leading case on intention?Woollin (1998)
    Feeding three month old baby - throws towards pram.
  21. 21Which two cases can be cited in relation to transferred malice?Latimer (1886)
    Aims blow with belt - bounces - strikes woman
    Mitchell (1983)
    Post office queue -
  22. 22Which is the more recent case which demonstrates transferred malice?Gnango (2011)
    Shoot out - hits and kills innocent passerby.
  23. 23What is the presence of both act and intention called?Coincidence of actus reus and mens rea?
    Thabo Meli v R (1954)
  24. 24What are the three special defences to a charge of murder?Diminished responsibility
    Loss of control
    Suicide Pact
  25. 25In which Act is diminished responsibility and suicide pact set out?Homicide Act 1957
  26. 26In which Act is Loss of Control set out?Coroners and Justice Act (2009)
  27. 27What is the offence reduced to if one of the three special defences is successful?Manslaugher
  28. 28What two conditions are present for the abnormality of mental functioning?Arose from a recognised medical condition
    Substantially impairs D's ability to
    i) understand nature of conduct
    ii) Form rational judgement
    iii) Exercise self control
    Provides an explanation for D's acts.
  29. 29What did the CoA describe as an abnormality of mind. Byrne (1960)A state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal.
  30. 30What does the phrase "recognised medical condition " cover?It is wide enough to cover psychological and physiological conditions
    depressive illness - paranoia - battered woman's syndrome, epilepsy, sleep disorders, diabetes
  31. 31What three things must be substantially impaired?To understand nature of conduct
    To form rational judgement
    To exercise self control
  32. 32What did Dowds (2012) demonstrate about diminished responsibility and intoxication?Intoxication alone cannot support a defence of diminished responsibility.
  33. 33What was the problem raised in Dietschmann (2003)?Where the D has some abnormality of mental functioning but is intoxicated at the time he does the killing.
  34. 34Modern approach - jury must decide which 4 things?If D had abnormality of mental functioning arising from RECOGNISED MEDICAL CONDITION.
    Whether abnormality substantially impaired D's ability to UNDERSTAND nature of conduct/ form RATIONAL JUDGEMENT and exercise SELF CONTROL
    Were these significant factor?
  35. 35ADS (Alcohol Dependency Syndrome) Which cases develop the law on whether ADS is a disease?Tandy (1989)
    Wood (2008)
    Stewart (2009)
  36. 36What are the three ways of commiting involuntary manslaughter?Unlawful Act Manslaughter
    Gross Negligence Manslaughter
    Subjective Recklessness Manslaughter
  37. 37What is an alternative name for unlawful act manslaughter?Constructive manslaughter (The liability for death is constructed from facts that D has done a dangerous unlawful act which caused the death).
  38. 38What are the four elements of unlawful act manslaughter?The D must do the unlawful act
    That Act must be dangerous on an objective test.
    The Act must cause the death.
    The D must have mens rea for the unlawful act.
  39. 39What is the most usual cause of unlawful act manslaughter?Assault - although arson, criminal damage and burglary are all possible.
  40. 40Which two cases demonstrate omission is not enough for unlawful act manslaughter?Lowe (1973)
    Khan and Khan (1998)
  41. 41What was defined in Church (1966) with the words: "such as all sober and reasonable people would inevitably recognise must subject the other person to, at least, the risk of some harm resulting therefrom, albeit not serious harm"The unlawful act is dangerous on an objective test.
    (Larkin 1943)
  42. 42What does the case of JM and SM (2012) illustrate.That the particular harm the victim suffers does not have to be foreseen - enough that some harm would be foreseen.
  43. 43Which four elements of unlawful act manslaughter were present in Goodfellow (1986)?The act was committed intentionally
    It was unlawful
    Reasonable people would foresee harm
    The act caused the death
  44. 44Burglary is not normally considered a dangerous act under the Church definition... which case upheld a conviction for manslaughter where burglary was involved?Bristow, Dunn and Delay (2013)
  45. 45Which three cases deal with death by the unlawful act of administering a noxious substance?Cato (1976)
    Dalby (1982)
    Kennedy (2007)
  46. 46What was defined in Church (1966) "such as all sober and reasonable people would inevitably recognise must subject the other person to, at least, the risk of some harm resulting therefrom, albeit not serious harm"Unlawful act is dangerous on an objective test.
  47. 47In which case was it stated that it was not necessary to foresee the particular harm that the victim suffers?JM and SM (2012)
  48. 48What point of law did Goodfellow (1986) help clarify?The act could be aimed at property provided "all sober and reasonable people would inevitably recognise must subject another person to, at least, the risk of some harm".
  49. 49Under Church definition burglary is not normally dangerous - which case can make the commission the offence dangerous?Bristow, Dunn and Delay (2013)
  50. 50Which three cases deal with causing death by the unlawful act of administering a noxious substance?Cato (1976)
    Dalby (1982)
    Kennedy (2007) breaks chain of causation
  51. 51What is the law on mens rea for unlawful act manslaughter?Provided the act was unlawful was dangerous and the D had the mens rea for that unlawful act they can be convicted.
  52. 52What are the four elements of gross negligence manslaughter from Adomako (1994)?The existence of a duty of care towards V
    A breach of that duty that causes death
    Gross negligence that jury considers criminal
    Gross negligence was a substantial cause of the death of victim
  53. 53Why is the civil test of duty of care Donoghue V Stevenson (1932) used in gross negligence?It allows for a much wider definition.
    Wacker (2002) immigrants
    Willoughby (2005) criminal activity
    Evans (2009) creates a state of affairs that has become life threatening.
  54. 54What is the problem with gross negligence?Left to individual juries to decide and there is little guidance on what should be considered gross negligence.
    This can lead to inconsistency.

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Y13 A Level Law Flashcards on Fatals: Cases and Principles, created by Stuart Halford on 26/03/2018.
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Stuart Halford
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