, AR of murder - CORRECT ANSWERS-Unlawfully cause death of a human being
Under Queen's Peace r v clegg
Not a fetus R V Copeland
Causes death r v malcherek
Act or omission r v gibbons and proctor
MR of murder - CORRECT ANSWERS-malice aforethought
Intention to kill or cause GBH r v Vickers
direct intent- intent to bring about consequence r v mohan
oblique intent- virtually certain consequence r v woolin
Loss of Control Test - CORRECT ANSWERS-s.54/55 coroners justice act 2009
D must lose self control:
not immediate r v dawes
cant be for revenge r v ibrahms
qualifying trigger:
fear- of serious violence against d or another r v ward
anger- things said or done of an extremely grave character giving d the justifiable sense
of being wronged r v Clinton
age and sex:
someone of ds age and sex with a normal degree of tolerance would've acted the same
way r v camplin
diminished responsibility - CORRECT ANSWERS-S2 Homicide Act 1957
d has abnormality of functioning arising from a recognised medical condition:
depression r v martin
battered woman syndrome aluwalia
pre menstrual syndrome English
irresistible impulses r v byrne
which substantially impairs ds ability to:
form a rational judgement martin
understand nature of their conduct English
exercise self control bryne not total- Lloyd
the abnormality explains ds part in the killing:
not intoxication r v dietchsman
Unlawful Act Manslaughter - CORRECT ANSWERS-victim dies as a result of ds
unlawful act
needs to be a criminal act:
r v lamb
act needs to be dangerous:
sober and reasonable man recognises risk of harm r v church r v jm+sm
causation:
but for- must cause death cato
operative and substantial r v smith
Mr of criminal act:
Under Queen's Peace r v clegg
Not a fetus R V Copeland
Causes death r v malcherek
Act or omission r v gibbons and proctor
MR of murder - CORRECT ANSWERS-malice aforethought
Intention to kill or cause GBH r v Vickers
direct intent- intent to bring about consequence r v mohan
oblique intent- virtually certain consequence r v woolin
Loss of Control Test - CORRECT ANSWERS-s.54/55 coroners justice act 2009
D must lose self control:
not immediate r v dawes
cant be for revenge r v ibrahms
qualifying trigger:
fear- of serious violence against d or another r v ward
anger- things said or done of an extremely grave character giving d the justifiable sense
of being wronged r v Clinton
age and sex:
someone of ds age and sex with a normal degree of tolerance would've acted the same
way r v camplin
diminished responsibility - CORRECT ANSWERS-S2 Homicide Act 1957
d has abnormality of functioning arising from a recognised medical condition:
depression r v martin
battered woman syndrome aluwalia
pre menstrual syndrome English
irresistible impulses r v byrne
which substantially impairs ds ability to:
form a rational judgement martin
understand nature of their conduct English
exercise self control bryne not total- Lloyd
the abnormality explains ds part in the killing:
not intoxication r v dietchsman
Unlawful Act Manslaughter - CORRECT ANSWERS-victim dies as a result of ds
unlawful act
needs to be a criminal act:
r v lamb
act needs to be dangerous:
sober and reasonable man recognises risk of harm r v church r v jm+sm
causation:
but for- must cause death cato
operative and substantial r v smith
Mr of criminal act:
