Homicide

Description

Undergraduate Law (Criminal Law) Flashcards on Homicide, created by catriona.lilley on 30/04/2013.
catriona.lilley
Flashcards by catriona.lilley, updated more than 1 year ago
catriona.lilley
Created by catriona.lilley over 11 years ago
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Resource summary

Question Answer
Misra MR for gross negligence manslaughter is gross negligence and the offence is certain enough to satisfy the requirements of a fair trial
Hyam Foresight of a high level of harm is sufficient MR for murder
Cato Injection of a willing individual with heroin is sufficient to establish unlawful act manslaughter
R v Johnston and others Medical evidence required to prove causation
R v Wacker Criminal liability for gross negligence manslaughter can be established when the victim and D were jointly involved in criminal enterprise
Lamb For unlawful act manslaughter to be made out, D must have the MR for the unlawful act, including a subjective test if applicable
Goodfellow The unlawful act in 'unlawful act manslaughter' does not have to be directed at a person, only have an element of danger
Andrews D's actions for unlawful act manslaughter must be so severe as to deserve criminal sanction- more than just negligence
AG Ref (No 3 of 1994) Unlawful act does not need to be directed at the victim. Also transferred MR
Newbury Unlawful act manslaughter- the act must be objectively dangerous (D does not have to see risk) and MR does not require intent of GBH/death
Dawson Unlawful act manslaughter- must be danger of physical harm. Reasonable man has the knowledge of the defendent only.
Adomako Gross Negligence Manslaughter- duty of care, breach of duty (risk of harm), breach casued death, so serious it deserves criminal sanction
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