13006090
Description
Flashcards by Stuart Halford, updated more than 1 year ago
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Created by Stuart Halford
over 6 years ago
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| Question | Answer |
| What are the two situations in which killing is lawful? | Done in self defence Done in prevention of crime (provided reasonable force) |
| What are the exceptions to the normal rule on omission? | Contractual Duty Duty because of relationship Duty taken on voluntarily Duty because D has set in motion a chain of events. |
| Which cases is used to illustrate contractual duty? | Pittwood (1902) Railway crossing guard. |
| Which case involves a parent - child duty? | Gibbins and Procter (1918) Starvation of child |
| What is the main case used to illustrate a duty undertaken voluntarily? | Stone and Dobson (1977) Elderly sister - malnutrition |
| Which case illustrates a duty that arises as D has set in motion a chain of events? | Miller (1983) |
| What are the two problem areas in the definition of a reasonable creature in being? | A foetus in the womb If the victim is "brain dead" but being kept alive by life support system. |
| What three things are necessary to proven about the D's conduct in murder? | Was the factual cause Was the legal cause No intervening act |
| Which case is cited for factual cause? | Pagett (1983) |
| What is the important point in legal causation? | D's conduct must be more than minimal but need not be substantial. |
| What is the more common term for taking the victim as you find them? | Thin skull rule |
| Which case is used as authority for the thin-skull rule? | Blaue (1975) |
| What three acts/events can break the chain of causation? | An act of a third party Victims own act A natural but unpredictable event |
| Which two cases illustrate no break in the chain of causation? | Smith (1959) Two soldiers - artificial respiration aggravates. Cheshire (1991) Shot - tracheotomy - complications |
| Which case demonstrates a break in the chain of causation? | Jordan (1956) Stab - antibiotic - allergic reaction - next day larger dose. |
| Which cases demonstrate reacting in a foreseeable way and an unreasonable way? | Roberts (1971) Jumps from car - assault Williams (1992) Jumps from car - wallet - unreasonable |
| Malice aforethought has two intentions that can prove D guilty of murder. These are.... | Express malice aforethought (intention) Implied malice aforethought (intention to cause GBH) |
| Which cases prove implied malice aforethought? | Vickers (1957) Sweetshop - hit/kicked woman who ran shop. Cunningham (1981) V hit with stool. |
| What are the two key words in s8 of the Criminal Justice Act in relation to consequence and direct/oblique intent? | Intend and foresee |
| What is the current leading case on intention? | Woollin (1998) Feeding three month old baby - throws towards pram. |
| Which two cases can be cited in relation to transferred malice? | Latimer (1886) Aims blow with belt - bounces - strikes woman Mitchell (1983) Post office queue - |
| Which is the more recent case which demonstrates transferred malice? | Gnango (2011) Shoot out - hits and kills innocent passerby. |
| What is the presence of both act and intention called? | Coincidence of actus reus and mens rea? Thabo Meli v R (1954) |
| What are the three special defences to a charge of murder? | Diminished responsibility Loss of control Suicide Pact |
| In which Act is diminished responsibility and suicide pact set out? | Homicide Act 1957 |
| In which Act is Loss of Control set out? | Coroners and Justice Act (2009) |
| What is the offence reduced to if one of the three special defences is successful? | Manslaugher |
| What two conditions are present for the abnormality of mental functioning? | Arose from a recognised medical condition Substantially impairs D's ability to i) understand nature of conduct ii) Form rational judgement iii) Exercise self control Provides an explanation for D's acts. |
| What did the CoA describe as an abnormality of mind. Byrne (1960) | A state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal. |
| What does the phrase "recognised medical condition " cover? | It is wide enough to cover psychological and physiological conditions depressive illness - paranoia - battered woman's syndrome, epilepsy, sleep disorders, diabetes |
| What three things must be substantially impaired? | To understand nature of conduct To form rational judgement To exercise self control |
| What did Dowds (2012) demonstrate about diminished responsibility and intoxication? | Intoxication alone cannot support a defence of diminished responsibility. |
| What was the problem raised in Dietschmann (2003)? | Where the D has some abnormality of mental functioning but is intoxicated at the time he does the killing. |
| Modern approach - jury must decide which 4 things? | If D had abnormality of mental functioning arising from RECOGNISED MEDICAL CONDITION. Whether abnormality substantially impaired D's ability to UNDERSTAND nature of conduct/ form RATIONAL JUDGEMENT and exercise SELF CONTROL Were these significant factor? |
| ADS (Alcohol Dependency Syndrome) Which cases develop the law on whether ADS is a disease? | Tandy (1989) Wood (2008) Stewart (2009) |
| What are the three ways of commiting involuntary manslaughter? | Unlawful Act Manslaughter Gross Negligence Manslaughter Subjective Recklessness Manslaughter |
| What is an alternative name for unlawful act manslaughter? | Constructive manslaughter (The liability for death is constructed from facts that D has done a dangerous unlawful act which caused the death). |
| What are the four elements of unlawful act manslaughter? | The D must do the unlawful act That Act must be dangerous on an objective test. The Act must cause the death. The D must have mens rea for the unlawful act. |
| What is the most usual cause of unlawful act manslaughter? | Assault - although arson, criminal damage and burglary are all possible. |
| Which two cases demonstrate omission is not enough for unlawful act manslaughter? | Lowe (1973) Khan and Khan (1998) |
| 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" | The unlawful act is dangerous on an objective test. (Larkin 1943) |
| What does the case of JM and SM (2012) illustrate. | That the particular harm the victim suffers does not have to be foreseen - enough that some harm would be foreseen. |
| Which four elements of unlawful act manslaughter were present in Goodfellow (1986)? | The act was committed intentionally It was unlawful Reasonable people would foresee harm The act caused the death |
| Burglary is not normally considered a dangerous act under the Church definition... which case upheld a conviction for manslaughter where burglary was involved? | Bristow, Dunn and Delay (2013) |
| Which three cases deal with death by the unlawful act of administering a noxious substance? | Cato (1976) Dalby (1982) Kennedy (2007) |
| 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" | Unlawful act is dangerous on an objective test. |
| In which case was it stated that it was not necessary to foresee the particular harm that the victim suffers? | JM and SM (2012) |
| What point of law did Goodfellow (1986) help clarify? | The act could be aimed at property provided "all sober and reasonable people would inevitably recognise must subject another person to, at least, the risk of some harm". |
| Under Church definition burglary is not normally dangerous - which case can make the commission the offence dangerous? | Bristow, Dunn and Delay (2013) |
| Which three cases deal with causing death by the unlawful act of administering a noxious substance? | Cato (1976) Dalby (1982) Kennedy (2007) breaks chain of causation |
| What is the law on mens rea for unlawful act manslaughter? | Provided the act was unlawful was dangerous and the D had the mens rea for that unlawful act they can be convicted. |
| What are the four elements of gross negligence manslaughter from Adomako (1994)? | The existence of a duty of care towards V A breach of that duty that causes death Gross negligence that jury considers criminal Gross negligence was a substantial cause of the death of victim |
| Why is the civil test of duty of care Donoghue V Stevenson (1932) used in gross negligence? | It allows for a much wider definition. Wacker (2002) immigrants Willoughby (2005) criminal activity Evans (2009) creates a state of affairs that has become life threatening. |
| What is the problem with gross negligence? | Left to individual juries to decide and there is little guidance on what should be considered gross negligence. This can lead to inconsistency. |
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