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
- Oblique intention: Woolin (1999)
- Direct or oblique
- Implied malice: intention to cause serious bodily harm
- MR can be satisfied by mere intention to cause SBH
- Rahman (2008)
- MR can be satisfied by mere intention to cause SBH
- Assisted suicide
- Purdy (2009) DPP consent
- Inglis (2010)No defence
- When a competent person, intending to kill or cause serious bodily harm, unlawfully kills another person
- 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
- AGs Ref (No.3 of 1994) 1997 child in the womb
- Watson (1999) Burglary
- Goodfellow (1986) Criminal damage
- All elements of a crime must be satisfied
- Causation
- Kennedy (no.2) (2007)
- Dhaliwal (2006) domestic violence suicide. Does suicide break the chain?
- Causation
- Defences
- Consent: A (2005) student horseplay
- Brown (1993) consent to sadomasochism not sufficient
- Intoxication
- Lipman (1969) not usually sufficient to negate unlawfulness
- Consent: A (2005) student horseplay
- 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
- Unlawful act must be a crime
- Murder
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