Murder and Manslaughter

  • Created by: jesskeayy
  • Created on: 02-05-19 13:30
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  • Murder & Manslaughter
    • Murder
      • When a competent person, intending to kill or cause serious bodily harm, unlawfully kills another person
        • Punished by mandatory life imprisonment
        • Man of sound mind and age of discretion
      • Victims
        • Poulton (1832) existence of independent mother
        • AGs Ref (No 3 of 1994)
        • Bland (1993) post vegetative state
        • Malcherek & Steel (1993) brain stem death
      • Significant & operating cause
        • White (1910)
        • Jordan (1956)
        • Smith (1959)
        • Chesire (1991)
        • Blaue (1957)
      • Medical treatment
        • Administering pain-killing drugs that accelerate death is lawful, so long as it is an appropriate means to ease pain
        • Refusal
          • Blaue (1975)Should be respected if V had capacity
          • Where patient lacks capacity, best interest test applies
          • Bland (1993) turning off life support in best interest of V
          • NHS Trust v V (2018) not always necessary to get a court order to stop life support
      • Mens Rea: intention to kill or cause serious bodily harm- recklessness insufficient
        • Direct or oblique
          • Oblique intention: Woolin (1999)
            • Conduct virtually certain to bring about death/ serious harm
      • Implied malice: intention to cause serious bodily harm
        • MR can be satisfied by mere intention to cause SBH
          • Rahman (2008)
      • Assisted suicide
        • Purdy (2009) DPP consent
        • Inglis (2010)No defence
    • Manslaughter
      • Unlawful act must be a crime
        • Goodfellow (1986) Criminal damage
          • Watson (1999) Burglary
            • AGs Ref (No.3 of 1994) 1997 child in the womb
              • Lowe (1973) uncertainty over admission
      • All elements of a crime must be satisfied
        • Causation
          • Kennedy (no.2) (2007)
        • Dhaliwal (2006) domestic violence suicide. Does suicide break the chain?
      • Defences
        • Consent: A (2005) student horseplay
          • Brown (1993) consent to sadomasochism not sufficient
        • Intoxication
          • Lipman (1969) not usually sufficient to negate unlawfulness
      • Dangerous acts: risk of some harm, need not be serious.
        • Objective Test: Church (1966) reasonable person would inevitably recognise risk of harm
        • Newbury (1976) no need for D to appreciate that it's dangerous
      • Scarlett (1993) must have MR for the crime underlying in the lawful act

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