9257943
Description
Flashcards by Poppy Boyfield, updated more than 1 year ago
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Created by Poppy Boyfield
almost 7 years ago
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| Question | Answer |
| Unit 3 | - |
| MURDER | Ser Edward Coke; unlawfully kill a reasonable person under the Queen's peace, with malice aforethought express or implied |
| A/R | -Kill -Reasonable person (Fetus - Attorney General Reference) -Under Queen's peace |
| M/R | Vicker; Malice aforethought -Express; intent to kill -Implied; Intent to cause GBH |
| LOC | -S54 Coroners and Justice Act 2009 -lose control S54(1)(a) -Qualifying triggers S54(1)(b) -Same age/ sex/ situation as D S54(1)(c) |
| LOSE CONTROL | -the d must lose control -It does't have to be instant S54 2(2) |
| IBRAMS AND GREGORY | -the longer the time delay then the less likely the d is able to claim LOC |
| QUALIFYING TRIGGER | -Fear trigger S55(3) -Other things said or done S55(4); a) grave character b)feeling of being justifiably wronged |
| RESTRICTIONS? | -Revenge; S54(4) -Incitement S55(6)(a) -Sexual Infidelity S55(6)(c); Clinton; other things said |
| ACTING THE SAME WAY | S54(1)(c) Mohammed; the reasonable man isn't an angry man Camplin; same age and sex |
| DR | -S2 Homicide Act 1957 as amended by S52 Coroners and Justice Act 2009 -Abnormality of mental functioning -Recognised medical condition -Substantial impairment -Explanation for the offence |
| Abnormality of mental function | CJ Parker; R v Byrne; "an state of mind so different from that of the ordinary man the reasonable man would class it abnormal" |
| Recognised medical condition | WHO International Classification of Diseases; -Battered wife syndrome - ahlwalia -PMS- Reynolds -Post natal depression- English -Psychiatric harm -Byrne -clinical depression |
| Substantial impairment | Doesn't have to be total impairment; Egan -forming rational judgement -D doesn't understand nature of their actions -Exercise of self-control |
| Explanation for the offence | -Alcoholism; Wood. Drinking due to alcoholism is classed involuntary, anything over is voluntary |
| UAM | AG Reference No.3 Involuntary manslaughter; Mens rea doesn't involve murder -Must be criminal -Unlawful Act -D has necessary M/R for the act -Unlawful must be dangerous -Unlawful/ dangerous act must cause the death |
| Cases for it being a criminal act | -Franklin or Lamb |
| What are the unlawful acts? | -Assault -Battery -ABH (NEVER DO) -S20 -S18 |
| M/R of the unlawful act | There must be intent for the unlawful act Newbury and Jone; The D doesn't have to realise the act was unlawful |
| What case stated the act had to be dangerous? what is it defined at? | Church; Sober person would realise some harm- not serious harm |
| The act doesn't have to be aimed at the victim. TRUE or FALSE? | True; Mitchell |
| Can be on property | Dawson and Watson |
| Substantial cause of death | must show unlawful/ dangerous act have caused the death Kennedy; Voluntary; breaks chain Cato; injected eachother |
| The act does not have to be the sole cause. TRUE or FALSE | TRUE Sholid; original attack was sufficient even though there were other attacks |
| GNM | Defined by Adomako there are 4 sections -duty of care -breach of duty -Breach has to cause death -Gross |
| DUTY OF CARE | Pittwood, Stone v Dobinson, Gibbins V Proctor, Miller. -Wacker, when both are criminals, D owes V a duty of care Adomako- doctor to patient |
| BREACH OF DUTY | Holloway; compared to the reasonable man- 'reasonably competent' Causation- |
| RISK OF DEATH | Misra the risk of death has to be forseen |
| GROSS | Batesman; goes beyond a mere matter of compensation and showed such disregard for the life and safety of others |
| General defences | -Intoxication -Consent -Self Defence -Automatism -Insanity |
| Intoxication | Involuntary and Voluntary |
| Involuntary | -Drunk intent is still intent; Kingston -Non- prescribed drugs non-reckless; Hardy |
| Voluntary | -Only for specific intent crimes, Sheehan and Moore -Don't realise strength of drink; Allen -Getting drunk is reckless in itself; Majewski -Lipman -Dutch Courage; AG Northern Island v Gallagher |
| Consent | Diane Pretty; consent is not a defence for murder or euthanasia -Cannot consent above a battery; Brown -Minor batteries consent too; Collins and Wilcock -'daily jostlings'; Wilson v Pringle |
| Exceptions | Sports Medical procedures Horseplay Normal social intercourse |
| Sports | -R v Bradshaw; 'unwilling to decry manly sports of this country' -if conduct goes beyond rules and regulations there could be criminal liability; R v Barnes |
| Medical procedures | -Not public's interest for doctors to be found criminally liable every time they examine and operate -Written consent before procedure |
| Body Adornment | Tattooing and piercing is allowed but regulated by the Tattooing of Minors Act 1969 -Tattooing allowed at home; Wilson |
| Horseplay | R v Brown; Dissenting; Shouldn't have a level, it should be able to grow and a mature R v Jones; inflicting GBH of 2 fellow school mates while playing a game |
| Sexual activity | intervenes to prevent ' extreme circumstances' -Dica- Biological GBH -Konzani- if they knew they had the disease no charge can be made |
| Genuine consent | Burrell v Harmer; age itself doesn't mean consent Tabassum; no true consent then no consent |
| INSANITY | M'naugthen -Disease of the mind; Burgess -Defect of reason; Clarke; not absent-mindedness -D doesn't understand the nature and quality of their conduct; Windle; 1.he didn't know what he was doing 2.he didn't appreciate the consequences 3.didnt appreciate the circumstances |
| Automatism | Act done by muscles without control of the mind; Bratty -Involuntary; Hill v Baxter -External factors; R v T -Self-induced; Quick- external Hennesy; Internal |
| EVALUATIONS | -Murder (GNM, UAM) -NFO -General defences |
| Murder issues; | -Mandatory life sentence -Necessary level of intention -Use of force in self- defence |
| Mandatory life sentence | -Peter Sutcliffe- Yorkshire ripper -Frances Inglis- Mercy Killing -Antony Martin- Shot burglar -Unfair -Unjust |
| Reform | Law Commission Murder, Manslaughter and Infanticide 2006 -Two tiers -1st degree and 2nd degree, there is more disgression |
| Implied Malice aforethought | -Hancock and Shankland 'Quality of earthly realism' Lord Bingham Intent to cause GBH has always been held sufficient for implied malice' - Lord Goddard, Vickers |
| Reform | Draft Criminal Code 1989 -a person is guilty if a) intended the death b) intended to cause serious personal harm and being aware it could cause death |
| Oblique intent | conflicting decisions in Matthews and Allenyne |
| Reform | OAP and General principles a person acts intentionally with respect to a result when; a) his purpose to cause it b) it is not his purpose to cause it, he knows that it would occur in the ordinary course of events. |
| Voluntary manslaughter; | -LOC; Fear of serious violence, fix issues in past cases, removed suddenness, based on fear but people tend to not react in fear -LOC; Things said or done; qualifying triggers made to remove obsure decisions such as in Doughty, issue with restriction due to Clinton, was abolished in New Zealand |
| Voluntary Manslaughter | -DR; Heavily amended by CJA 2009 -Old law was considered vague, conflicting and did not fit with medical terminolgy, considered easy on plea, but gave room to reflect on situations DR; new law: Updated to fit medical terms, specific requirements for substantial impairment, new casual links stop it becoming overly used. DR: new law is considered narrow and may prevent deserving cases from pleading, overlap between DR and insanity as if raised then prosecution can raise insanity |
| Reforms? | -Only the new suggested murder structure system |
| Evaluations of General defences | - |
| Intoxication | -Only for specific intent and the distinction is unclear (R v Heard, sexual assault) -Lord Justice Hughes "large element of policy when categorising offences" -Majewski, M/R is subjective, Majewski is objective, we don't find out what they were thinking we tell them -Most crimes are basic, conflict because they involve intent, but only serious crimes can use defence, can be seen as encouragingly these acts when drunk |
| Impact | -Consent; Richardson and Irwin, victim consented to horseplay when he was drunk, was this genuine consent? -Rape law, no exact test -Insanity, Davism Beard, confirmed intoxication can be basis of disease of the mind |
| Reform | Law Commission Report on Intoxication and Criminal Liability 2009 "Keep Majewski rule, replace basic and specific intent with integral fault elements. Majewski rule would apply to anything that isn't integral fault (not reckless) -Co-dify the kingston defintion -If you have intention prior you cannot use the defence |
| IMPACT | -Sexual assault would become specific due to integral fault, so can claim. -Sexual assault may be redefining as judges in R v Heard said parliament would not have wanted it changed to specific as it gives a defence Easier to make distinction between when it can and can't be used. -little affect on other offences |
| Consent | - |
| Inconsistent results | Tabassum and Richardson. Both obtained by fraud. Tabassum- fake doctor Richardson- struck off dentist |
| What is genuine consent? | Dica- you can consent above a battery Brown- You cannot consent above a battery; restricts individuals freedom |
| Euthanasia | Pretty; wanted to die For: Comparison argument -Right to die, Bland (Painful death) -Quality of life Against: Duty to kill -New Zealand, many umarked -Sancity of life -Slippery slope |
| Reform | Law commission report on sexual offences 1995 "all consent should be valid except for death and serious disabling harm" = more than GBH, |
| Impacts | effects would be minimal as it is a position the law already reflects for most parts. However, would help issues such as Brown. |
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