Fatal offences against the person
- Created by: oliviamc16
- Created on: 18-04-23 14:31
View mindmap
- Fatal offences against the person
- Murder
- The unlawful killing of another human being with malice aforethought
- Common law offence and indictable offence= triable only by jury in the crown court
- Mandatory life imprisonment (not necessarily life imprisonment)
- AR- the unlawful killing of a human being
- MR- malice aforethought: direct/oblique intent to kill and direct/oblique intent to cause really serious harm (DPP v Smith, R v Saunders
- Voluntary manslaughter
- Defences= loss of control and diminished responsibility (partial defences, reducing murder to manslaughter) MURDER ONLY
- Loss of control (s 54 of the Coroners and Justice Act 2009)
- D must lose control
- Because of a qualifying trigger
- D's fear of serious violence from the V
- R v Dawes
- D's fear of serious violence from the V
- A person of their same sex and age with a normal degree of tolerance, might have reacted the same
- R v Clinton- Can't use sexual infidelity as a defence
- Diminished responsibility (s52 of the Coroners and Justice Act 2009)
- Was D suffering from an abnormality of mental functioning
- Is there a medical condition?
- Did this prevent their ability to understand the nature of their conduct or form a rational judgement or exercise self control?
- Reasonable person would see it as abornal
- Is there a medical condition?
- Was D suffering from an abnormality of mental functioning
- Loss of control (s 54 of the Coroners and Justice Act 2009)
- Defences= loss of control and diminished responsibility (partial defences, reducing murder to manslaughter) MURDER ONLY
- Involuntary manslaughter
- Constructive Act Manslaughter (CAT)
- Caused by D's unlawful conduct (R v Lowe 1973)
- must be unlawful e.g. robbery, assault ect.
- Must be dangerous (R v Church 1965)
- Caused by D's unlawful conduct (R v Lowe 1973)
- Gross negligent manslaughter (GNM)
- Death is caused by D's gross negligence
- R v Adomako= the Adomako test
- D owd a duty of care to V
- D breached that duty of care- objective test, reasonable person
- There was a serious and obvious risk of death during the breach (R v Singh 1999)
- It was reasonably foreseeable there there is a serious/ obvious risk of death
- The breach caused more than minimal contribution to the death of V
- In view of the jury, the circumstances of the breach were so bad that it amounted to GNM
- The breach caused more than minimal contribution to the death of V
- It was reasonably foreseeable there there is a serious/ obvious risk of death
- There was a serious and obvious risk of death during the breach (R v Singh 1999)
- D breached that duty of care- objective test, reasonable person
- D owd a duty of care to V
- R v Adomako= the Adomako test
- Death is caused by D's gross negligence
- Constructive Act Manslaughter (CAT)
- Murder
Comments
No comments have yet been made