46009
Beschreibung
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Homicide
- Murder
- The unlawful killing
of another human
being with malice
aforethought
- Mens rea: Intention to
kill or cause GBH
(Moloney (1985)
- Oblique intention is
sufficient if jury can show
the defendant foresaw
death/serious bodily harm
as vir. certain
consequence of actions
Woolin (1998)
- GBH needs no
elabarotion beyond s.18
and s.20 of OAP act
(1861) DPP v Smith,
Saunders, Janjua
- The unlawful killing
of another human
being with malice
aforethought
- Voluntary manslaughter
- Diminished
Responsibilty
- Abnormailty of
mental
functioning which
substantially
impairs a
persons ability to
understand,
rationalise, or
exercise self
control
- First
introduced by
s.2 of the
homicide act
1957
- Updated by s.52 of
Coroners and
Justice act 2009
- Changes introduced:
recognised medical condition,
abnormality of mental
functioning, provides an
explanation for D's conduct
- substantially impaired
ability to understand the
nature of conduct, form a
rational judgement or
exercise self control
- substantially impaired
ability to understand the
nature of conduct, form a
rational judgement or
exercise self control
- Changes introduced:
recognised medical condition,
abnormality of mental
functioning, provides an
explanation for D's conduct
- Updated by s.52 of
Coroners and
Justice act 2009
- Not available to a
charge of attempted
murder (Campbell
(1997)
- Recognised
medical condition
- Alcohol
dependence
syndrome (Tandy,
Wood)
- Othello syndrome
(extreme Jealousy)
Vinagre (1979)
- Several will
strengthen a defence
(reynolds (1988)
- Alcohol
dependence
syndrome (Tandy,
Wood)
- Abnormailty of
mental
functioning which
substantially
impairs a
persons ability to
understand,
rationalise, or
exercise self
control
- Diminished
Responsibilty
- Involuntary
manslaughter
- Reckless
Manslaughter
- 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)
- 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)
- Gross Negligence
Manslaughter
- Objective test
- Duty of care
- Donoghue v Stevenson...
- Jury to decide whether
it is applicable
(Litchfield (1998)
- failing to contact
emergency services for half
sibling may give rise to
duty of care ( Evans (2009)
- Donoghue v Stevenson...
- In criminal law the
standard of
negiignece is 'gross'
(Adomako (1995)
- Culpable neglignece of
a gross kind (Doherty
(1887)
- 'showed such disregard that he
deserved punishment (Bateman (1925)
- Culpable neglignece of
a gross kind (Doherty
(1887)
- Chain of causation
must be present
- Objective test
- Unlawful act manslaughter
- doing a
dangerous act that
causes death
- Four criteria
- Must be an
unlawful act
- Must be
dangerous (Church (1965)
- Sober and
reasonable bystander
(Ball (1989)
- verbally abused 87
year old man
during burglary who
died of heart attack
- verbally abused 87
year old man
during burglary who
died of heart attack
- Sober and
reasonable bystander
(Ball (1989)
- D must have
mens rea of
unlawful and
dangerous act
- strict liability
offence was
allowed in
(andrews (2002)
- does not have to intend or
foresee death as a
consequence of his act (
DPP v Newbury Jones
(1977))
- strict liability
offence was
allowed in
(andrews (2002)
- the act must
have caused
death
- Causation requires outcome
to be reasonably forseeable
(Goodfellow (1986)
- Injecting heroin will constitute
dangerous and unlawful act
(Cato (1976)
- Self injection breaks
chain of causation
(Kennedy (2007)
- Self injection breaks
chain of causation
(Kennedy (2007)
- Causation requires outcome
to be reasonably forseeable
(Goodfellow (1986)
- Must be an
unlawful act
- Unlawful act
- Criminal offence more
appropriate to found a
conviction - (Franklin
(1883)
- assault (Larkin)
Battery (Church)
Crim damage (DPP
v Newbury) Arson
(Willoughby)
Robbery (dawson)
Burglary (Watson)
noxious substance
s.23 oapa (Cato)
- omission will not suffice
- Criminal offence more
appropriate to found a
conviction - (Franklin
(1883)
- doing a
dangerous act that
causes death
- Offence not
defence
- Reckless
Manslaughter
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