4380498
Description
Flashcards by katy stopforth, updated more than 1 year ago
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Created by katy stopforth
almost 9 years ago
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| Question | Answer |
| Definition of Murder | the unlawful killing of another human being under the Queen's Peace with malice aforethought |
| Who set out the definition of Murder? | Lord Taylor |
| Acts of Parliament for Murder | Homicide Act 1957 and Coroners and Justice Act 2009 |
| Apply: Unlawful Murder | Act is unlawful when it is not in self defence |
| Apply: Killing Murder | Explain Causation if relevant |
| Causation | Factual: 'but for' Pagett Legal: 'de minimis' Kimsey Novus Actus Interveniens |
| Novus Actus Interveniens | Medical Mistreatment: Smith (o&s) Cheshire (not main) Jordan (so independent) Malcherek Victim's Own Actions: Roberts Corbett Victim's Physical Condition: Ruby Woods Victim's Beliefs: Blaue Holland |
| Apply: Human Being Murder | Malice cant be transferred from mother to foetus to child: AG's Ref No 3 of 1994 Charged with Child Destruction under Infant Life Preservation Act 1929: Rance v Mid Downs HA |
| Apply: Queen's Peace Murder | Under the Queen's Peace if it is not in times of war |
| Apply: Malice Aforethought Murder | Express: intent to kill Byrne Implied: intent to cause really serious harm Cunningham |
| Apply: Malice Aforethought Intention Murder | Direct: Ds aim, objective and purpose Mohan Indirect: Not Ds aim, objective or purpose but the consequence is a virtual certainty Nedrick/Woollin |
| Definition of Diminished Responsibility | A person who kills or is party to the killing of another will not be guilty of murder if: - D has an abnormality of mental functioning - which has arisen from a recognised medical condition - and substantially impairs Ds ability to: understand nature of conduct exercise self control form rational judgements - and these provide an explanation for the killing |
| Acts of Parliament for Diminished Responsibility | s2 Homicide Act 1957 and s52 Coroners and Justice Act 2009 |
| Apply: Abnormality of Mental Functioning Diminished Responsibility | 'a state of mind so different from that of an ordinary person that the reasonable man would find it abnormal' Byrne English (PMT) Sutcliffe Reynolds (PND) Ahluwalia |
| Apply: Recognised Medical Condition Diminished Responsibility | Need not be permanent but must be present at the time of the offence No Medical Condition: Price (mercy killing of son) Lawson (helped daughter die) Bailey (helped wife die) Depression: Skerton (car exhaust suicide) Hampson (nagging) Schizophrenia: Sutcliffe |
| Intoxication Diminished Responsibility | Not abnormality unless brain is damaged Tandy ADS can be AMF & RMC Dietschmann/Woods Ignore Intoxication if other factors Gittens |
| Apply: Substantially Impairs Diminished Responsibility | Understand Nature of Conduct Sutcliffe Jama Exercise Self Control Byrne Form Rational Judgements Price |
| Apply: Explanation for Killing Diminished Responsibility | Must be a causal link between the medical conditiom and the killing There can be more than one explanation Gittens |
| Definition of Loss of Control | A person who kills or is party to the killing of another will not be guilty of murder if: - D lost control - there was a qualifying trigger - a person of Ds sex and age, and in the circumstances of D would have reacted in the same or a similar way |
| Act of Parliament for Loss of Control | s54-56 Coroners and Justice Act 2009 |
| Apply: D lost control Loss of Control | s54 (2) no requirement that the loss be sudden Dawes - provided there was a loss of control, it does not matter whether the loss was sudden or not s54 (4) D cannot have acted inna considered desire for revenge R v Ibrams and Gregory |
| Apply: Qualifying Trigger Loss of Control | Attributable to: s55 (3) Ds fear of violence or s55 (4) things said or done which a - constituted circumstances of an extremely grave characted b - gave D a justifiable sense of being wronged Hatter - not a breakup |
| Apply: Qualifying Trigger Other Points Loss of Control | s55 (6)(c) sexual infidelity cannot be a qualifying trigger R v Clinton s55 (6)(b) D cannot have incided the violence R v Dawes |
| Apply: Objective Test Loss of Control | Sexual abuse is a circumstance Camplin Sexual Infidelity is a circumstance Clinton |
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