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1|Law 03 - Murder and Voluntary Manslaughter
Fichas del conjunto (24)
- 1Definition of Murderthe unlawful killing of another human being under the Queen's Peace with malice aforethought
- 2Who set out the definition of Murder?Lord Taylor
- 3Acts of Parliament for MurderHomicide Act 1957
and
Coroners and Justice Act 2009 - 4Apply: Unlawful MurderAct is unlawful when it is not in self defence
- 5Apply: Killing MurderExplain Causation if relevant
- 6CausationFactual: 'but for'
Pagett
Legal: 'de minimis'
Kimsey
Novus Actus Interveniens - 7Novus Actus InterveniensMedical Mistreatment:
Smith (o&s)
Cheshire (not main)
Jordan (so independent)
Malcherek
Victim's Own Actions:
Roberts
Corbett
Victim's Physical Condition:
Ruby
Woods
Victim's Beliefs:
Blaue
Holland - 8Apply: Human Being MurderMalice cant be transferred from mother to foetus to child:
AG's Ref No 3 of 1994
Charged with Child Destruction under Infant Life Preservation Act 1929:
Rance v Mid Downs HA - 9Apply: Queen's Peace MurderUnder the Queen's Peace if it is not in times of war
- 10Apply: Malice Aforethought MurderExpress:
intent to kill
Byrne
Implied:
intent to cause really serious harm
Cunningham - 11Apply: Malice Aforethought Intention MurderDirect:
Ds aim, objective and purpose
Mohan
Indirect:
Not Ds aim, objective or purpose but the consequence is a virtual certainty
Nedrick/Woollin - 12Definition of Diminished ResponsibilityA person who kills or is party to the killing of another will not be guilty of murder if:
- D has an abnormality of mental functioning
- which has arisen from a recognised medical condition
- and substantially impairs Ds ability to:
understand nature of conduct
exercise self control
form rational judgements
- and these provide an explanation for the killing - 13Acts of Parliament for Diminished Responsibilitys2 Homicide Act 1957
and
s52 Coroners and Justice Act 2009 - 14Apply: Abnormality of Mental Functioning Diminished Responsibility'a state of mind so different from that of an ordinary person that the reasonable man would find it abnormal'
Byrne
English (PMT)
Sutcliffe
Reynolds (PND)
Ahluwalia - 15Apply: Recognised Medical Condition Diminished ResponsibilityNeed not be permanent but must be present at the time of the offence
No Medical Condition:
Price (mercy killing of son)
Lawson (helped daughter die)
Bailey (helped wife die)
Depression:
Skerton (car exhaust suicide)
Hampson (nagging)
Schizophrenia:
Sutcliffe - 16Intoxication Diminished ResponsibilityNot abnormality unless
brain is damaged
Tandy
ADS can be AMF & RMC
Dietschmann/Woods
Ignore Intoxication if other factors
Gittens - 17Apply: Substantially Impairs Diminished ResponsibilityUnderstand Nature of Conduct
Sutcliffe
Jama
Exercise Self Control
Byrne
Form Rational Judgements
Price - 18Apply: Explanation for Killing Diminished ResponsibilityMust be a causal link between the medical conditiom and the killing
There can be more than one explanation
Gittens - 19Definition of Loss of ControlA person who kills or is party to the killing of another will not be guilty of murder if:
- D lost control
- there was a qualifying trigger
- a person of Ds sex and age, and in the circumstances of D would have reacted in the same or a similar way - 20Act of Parliament for Loss of Controls54-56 Coroners and Justice Act 2009
- 21Apply: D lost control Loss of Controls54 (2)
no requirement that the loss be sudden
Dawes - provided there was a loss of control, it does not matter whether the loss was sudden or not
s54 (4)
D cannot have acted inna considered desire for revenge
R v Ibrams and Gregory - 22Apply: Qualifying Trigger Loss of ControlAttributable to:
s55 (3)
Ds fear of violence
or
s55 (4)
things said or done which
a - constituted circumstances of an extremely grave characted
b - gave D a justifiable sense of being wronged
Hatter - not a breakup - 23Apply: Qualifying Trigger Other Points Loss of Controls55 (6)(c)
sexual infidelity cannot be a qualifying trigger
R v Clinton
s55 (6)(b)
D cannot have incided the violence
R v Dawes - 24Apply: Objective Test Loss of ControlSexual abuse is a circumstance
Camplin
Sexual Infidelity is a circumstance
Clinton
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- Law 03 - Murder and Voluntary Manslaughter
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