Fatals: Cases and Principles

What are the two situations in which killing is lawful?

What are the exceptions to the normal rule on omission?

Which cases is used to illustrate contractual duty?

Which case involves a parent - child duty?

What is the main case used to illustrate a duty undertaken voluntarily?

Which case illustrates a duty that arises as D has set in motion a chain of events?

What are the two problem areas in the definition of a reasonable creature in being?

What three things are necessary to proven about the D's conduct in murder?

Which case is cited for factual cause?

What is the important point in legal causation?

What is the more common term for taking the victim as you find them?

Which case is used as authority for the thin-skull rule?

What three acts/events can break the chain of causation?

Which two cases illustrate no break in the chain of causation?

Which case demonstrates a break in the chain of causation?

Which cases demonstrate reacting in a foreseeable way and an unreasonable way?

Malice aforethought has two intentions that can prove D guilty of murder.
These are....

Which cases prove implied malice aforethought?

What are the two key words in s8 of the Criminal Justice Act in relation to consequence and direct/oblique intent?

What is the current leading case on intention?

Which two cases can be cited in relation to transferred malice?

Which is the more recent case which demonstrates transferred malice?

What is the presence of both act and intention called?

What are the three special defences to a charge of murder?

In which Act is diminished responsibility and suicide pact set out?

In which Act is Loss of Control set out?

What is the offence reduced to if one of the three special defences is successful?

What two conditions are present for the abnormality of mental functioning?

What did the CoA describe as an abnormality of mind.
Byrne (1960)

What does the phrase "recognised medical condition " cover?

What three things must be substantially impaired?

What did Dowds (2012) demonstrate about diminished responsibility and intoxication?

What was the problem raised in Dietschmann (2003)?

Modern approach - jury must decide which 4 things?

ADS (Alcohol Dependency Syndrome)
Which cases develop the law on whether ADS is a disease?

What are the three ways of commiting involuntary manslaughter?

What is an alternative name for unlawful act manslaughter?

What are the four elements of unlawful act manslaughter?

What is the most usual cause of unlawful act manslaughter?

Which two cases demonstrate omission is not enough for unlawful act manslaughter?

What was defined in Church (1966) with the words:
"such as all sober and reasonable people would inevitably recognise must subject the other person to, at least, the risk of some harm resulting therefrom, albeit not serious harm"

What does the case of JM and SM (2012) illustrate.

Which four elements of unlawful act manslaughter were present in Goodfellow (1986)?

Burglary is not normally considered a dangerous act under the Church definition... which case upheld a conviction for manslaughter where burglary was involved?

Which three cases deal with death by the unlawful act of administering a noxious substance?

What was defined in Church (1966)
"such as all sober and reasonable people would inevitably recognise must subject the other person to, at least, the risk of some harm resulting therefrom, albeit not serious harm"

In which case was it stated that it was not necessary to foresee the particular harm that the victim suffers?

What point of law did Goodfellow (1986) help clarify?

Under Church definition burglary is not normally dangerous - which case can make the commission the offence dangerous?

Which three cases deal with causing death by the unlawful act of administering a noxious substance?

What is the law on mens rea for unlawful act manslaughter?

What are the four elements of gross negligence manslaughter from Adomako (1994)?

Why is the civil test of duty of care Donoghue V Stevenson (1932) used in gross negligence?

What is the problem with gross negligence?