Fatal offences
- Created by: Paigebetty
- Created on: 25-11-19 09:27
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- Fatal Offences
- murder
- where a person of sound mind
- = not insane
- and of the age of discretion
- = over 10
- unlawfully kills
- = not justification e.g. self-defence or execution
- any reasonable creature in being
- R v Malcherek and Steel - Foetus has to be born alive and then died as a result of the wounds - dieing in the womb is not murder
- Attorney General's Reference - turning of life support does not amount to murder
- under the queens peace
- Not during wartime
- with malice aforethought
- R v Moley - with the intention to kill or cause GBH
- Direct intent - Ds aim or purpose
- indirect intent - what D desires but he foresees will almost certainly happen
- R v Nedrick - Nedrick test - D foresaw death or serious injury as a virtual certain consequence of his or hers voluntary actions
- R v Woolin - confirmed
- R v Nedrick - Nedrick test - D foresaw death or serious injury as a virtual certain consequence of his or hers voluntary actions
- where a person of sound mind
- Unlawful Act Manslaughter
- Actus Reus
- must occur through an act not an omission
- if you deliberately neglect to do something it will not be grounds for UAM
- the act was so dangerous that a sober and reasonable person would inevitably recognise that some harm could occur
- R v Church
- R v Woolley and Campbell
- R v JM and SM
- Untitled
- it was the act that caused death
- the accused has committed an unlawful act
- R v Lamb
- R v Corion-Augustine
- MR - that of the crime comitted
- DPP v Newbury and Jones
- convicted even if they did not realise that that act can cause harm to another
- DPP v Newbury and Jones
- Actus Reus
- murder
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