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Beschreibung
Mindmap von danielle bradley, aktualisiert more than 1 year ago
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Erstellt von danielle bradley
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Fatal
Offences
- Murder
- Definition: the unlawful killing of a human being, under the Queens
peace, with malice aforethought, express or implied.
- Murder is a common law offence and so is not defined in an Act of
Parliament.
- Actus Reus: to unlawfully cause a persons death.
- Some killings are lawful, like war or self defence. So the killing must have been
unlawful and the defendant must be responsible for the actual death. If it cannot be
proved that the defendant caused the death then you do not have the actus
reas of murder.
- Some killings are lawful, like war or self defence. So the killing must have been
unlawful and the defendant must be responsible for the actual death. If it cannot be
proved that the defendant caused the death then you do not have the actus
reas of murder.
- Mens Rea: malice aforethought, meaning intent to kill or cause GBH.
- This is what sepeartes Murder and Manslaughter, the Mens Rea.
Either an intent to kill (express malice) or an intent to cause GBH
(implied malice), will be enough for a murder conviction.
- This is what sepeartes Murder and Manslaughter, the Mens Rea.
Either an intent to kill (express malice) or an intent to cause GBH
(implied malice), will be enough for a murder conviction.
- Definition: the unlawful killing of a human being, under the Queens
peace, with malice aforethought, express or implied.
- Manslaughter
- There are two main types:
voluntary and involuntary.
- Definition: Voluntary- where, on a murder charge, a partial defence has been accepted.
Involuntary- where there was no intent to kill or cause serious injury.
- A manslaughter conviction means a judge may give a
discretionary life sentence, but a lesser sentence is often
given.
- A manslaughter conviction means a judge may give a
discretionary life sentence, but a lesser sentence is often
given.
- Definition: Voluntary- where, on a murder charge, a partial defence has been accepted.
Involuntary- where there was no intent to kill or cause serious injury.
- Voluntary Manslaughter
- A defendant may plead on one of
the partial defences, found in the
Homocide Act 1957: the two main
defences are diminshed
responsibilty and provocation.
- Diminished responsibility: Homocide Act 1957 s2 - It relies on evidence that at
the time of the killing the defendant was: suffering from an abnormality of mind
resuting from a specific cause, this substantially impaired his mental
responsibilty for the killing
- 1. Abnormality of mind - a state of mind different from the ordinary human
that a reasonable man would term it abnormal. The jury decides from the
evidence if their mind was abnormal during the killing; e.g. paranoid
personality disorder. 2. From a specific cause - abnormal mind must be
caused by: disease - of the body or brain, injury, inherent cause- all forms of
mental illness that are not due to disease, injury, drugs or drink or arrested
mental development - learning disability. 3. Substantial impairment of mental
responsibilty - the effect of the abnormality must be substantially impairs
mental responsibilty. Substantial is more than trivial, but less than total and
the jury to decides whether the abnormality meant the defendant was
substantially less responsible for his actions than the ordianry person.
- 1. Abnormality of mind - a state of mind different from the ordinary human
that a reasonable man would term it abnormal. The jury decides from the
evidence if their mind was abnormal during the killing; e.g. paranoid
personality disorder. 2. From a specific cause - abnormal mind must be
caused by: disease - of the body or brain, injury, inherent cause- all forms of
mental illness that are not due to disease, injury, drugs or drink or arrested
mental development - learning disability. 3. Substantial impairment of mental
responsibilty - the effect of the abnormality must be substantially impairs
mental responsibilty. Substantial is more than trivial, but less than total and
the jury to decides whether the abnormality meant the defendant was
substantially less responsible for his actions than the ordianry person.
- A defendant may plead on one of
the partial defences, found in the
Homocide Act 1957: the two main
defences are diminshed
responsibilty and provocation.
- Involuntary Manslaughter
- There are two main types:
voluntary and involuntary.
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