1|Law 03 - Murder and Voluntary Manslaughter

katy stopforth
Flashcards by katy stopforth, updated more than 1 year ago
katy stopforth
Created by katy stopforth about 5 years ago


Law 03 - Murder and Voluntary Manslaughter

Resource summary

Question Answer
Definition of Murder the unlawful killing of another human being under the Queen's Peace with malice aforethought
Who set out the definition of Murder? Lord Taylor
Acts of Parliament for Murder Homicide Act 1957 and Coroners and Justice Act 2009
Apply: Unlawful Murder Act is unlawful when it is not in self defence
Apply: Killing Murder Explain Causation if relevant
Causation Factual: 'but for' Pagett Legal: 'de minimis' Kimsey Novus Actus Interveniens
Novus Actus Interveniens Medical 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
Apply: Human Being Murder Malice 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
Apply: Queen's Peace Murder Under the Queen's Peace if it is not in times of war
Apply: Malice Aforethought Murder Express: intent to kill Byrne Implied: intent to cause really serious harm Cunningham
Apply: Malice Aforethought Intention Murder Direct: Ds aim, objective and purpose Mohan Indirect: Not Ds aim, objective or purpose but the consequence is a virtual certainty Nedrick/Woollin
Definition of Diminished Responsibility A 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
Acts of Parliament for Diminished Responsibility s2 Homicide Act 1957 and s52 Coroners and Justice Act 2009
Apply: 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
Apply: Recognised Medical Condition Diminished Responsibility Need 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
Intoxication Diminished Responsibility Not abnormality unless brain is damaged Tandy ADS can be AMF & RMC Dietschmann/Woods Ignore Intoxication if other factors Gittens
Apply: Substantially Impairs Diminished Responsibility Understand Nature of Conduct Sutcliffe Jama Exercise Self Control Byrne Form Rational Judgements Price
Apply: Explanation for Killing Diminished Responsibility Must be a causal link between the medical conditiom and the killing There can be more than one explanation Gittens
Definition of Loss of Control A 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
Act of Parliament for Loss of Control s54-56 Coroners and Justice Act 2009
Apply: D lost control Loss of Control s54 (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
Apply: Qualifying Trigger Loss of Control Attributable 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
Apply: Qualifying Trigger Other Points Loss of Control s55 (6)(c) sexual infidelity cannot be a qualifying trigger R v Clinton s55 (6)(b) D cannot have incided the violence R v Dawes
Apply: Objective Test Loss of Control Sexual abuse is a circumstance Camplin Sexual Infidelity is a circumstance Clinton
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