Homicide

usmanzafar
Mind Map by usmanzafar, updated more than 1 year ago
usmanzafar
Created by usmanzafar almost 7 years ago
89
1

Description

Crimimal Law Mind Map on Homicide, created by usmanzafar on 04/14/2013.
Tags

Resource summary

Homicide
1 Murder
1.1 The unlawful killing of another human being with malice aforethought
1.2 Mens rea: Intention to kill or cause GBH (Moloney (1985)
1.3 Oblique intention is sufficient if jury can show the defendant foresaw death/serious bodily harm as vir. certain consequence of actions Woolin (1998)
1.4 GBH needs no elabarotion beyond s.18 and s.20 of OAP act (1861) DPP v Smith, Saunders, Janjua
2 Voluntary manslaughter
2.1 Diminished Responsibilty
2.1.1 Abnormailty of mental functioning which substantially impairs a persons ability to understand, rationalise, or exercise self control
2.1.2 First introduced by s.2 of the homicide act 1957
2.1.2.1 Updated by s.52 of Coroners and Justice act 2009
2.1.2.1.1 Changes introduced: recognised medical condition, abnormality of mental functioning, provides an explanation for D's conduct
2.1.2.1.1.1 substantially impaired ability to understand the nature of conduct, form a rational judgement or exercise self control
2.1.3 Not available to a charge of attempted murder (Campbell (1997)
2.1.4 Recognised medical condition
2.1.4.1 Alcohol dependence syndrome (Tandy, Wood)
2.1.4.2 Othello syndrome (extreme Jealousy) Vinagre (1979)
2.1.4.3 Several will strengthen a defence (reynolds (1988)
3 Involuntary manslaughter
3.1 Reckless Manslaughter
3.1.1 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)
3.2 Gross Negligence Manslaughter
3.2.1 Objective test
3.2.2 Duty of care
3.2.2.1 Donoghue v Stevenson...
3.2.2.2 Jury to decide whether it is applicable (Litchfield (1998)
3.2.2.3 failing to contact emergency services for half sibling may give rise to duty of care ( Evans (2009)
3.2.3 In criminal law the standard of negiignece is 'gross' (Adomako (1995)
3.2.3.1 Culpable neglignece of a gross kind (Doherty (1887)
3.2.3.2 'showed such disregard that he deserved punishment (Bateman (1925)
3.2.4 Chain of causation must be present
3.3 Unlawful act manslaughter
3.3.1 doing a dangerous act that causes death
3.3.2 Four criteria
3.3.2.1 Must be an unlawful act
3.3.2.2 Must be dangerous (Church (1965)
3.3.2.2.1 Sober and reasonable bystander (Ball (1989)
3.3.2.2.1.1 verbally abused 87 year old man during burglary who died of heart attack
3.3.2.3 D must have mens rea of unlawful and dangerous act
3.3.2.3.1 strict liability offence was allowed in (andrews (2002)
3.3.2.3.2 does not have to intend or foresee death as a consequence of his act ( DPP v Newbury Jones (1977))
3.3.2.4 the act must have caused death
3.3.2.4.1 Causation requires outcome to be reasonably forseeable (Goodfellow (1986)
3.3.2.4.2 Injecting heroin will constitute dangerous and unlawful act (Cato (1976)
3.3.2.4.2.1 Self injection breaks chain of causation (Kennedy (2007)
3.3.3 Unlawful act
3.3.3.1 Criminal offence more appropriate to found a conviction - (Franklin (1883)
3.3.3.2 assault (Larkin) Battery (Church) Crim damage (DPP v Newbury) Arson (Willoughby) Robbery (dawson) Burglary (Watson) noxious substance s.23 oapa (Cato)
3.3.3.3 omission will not suffice
3.4 Offence not defence
Show full summary Hide full summary

Similar

Theft
usmanzafar
General Defences
usmanzafar
Non Fatal Offences
usmanzafar
Homicide
ems97
Homicide
James Wishart
Homicide Notes
Ravneet Bola
Homicide
Ravneet Bola
Photosynthesis
ecarleton622
Nervous System
4everlakena
AQA AS Biology Unit 2 The Cell cycle
elliedee