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Murder is the unlawful killing of a human being under the
Queen's peace with the required malice aforethought.

Defendant can only be liable for victims Defendant must demonstrate the
death were their acts are both the factual required malice aforethought ­ the
and legal cause…

Page 2

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Diminished responsibility
Diminished responsibility is governed by S2 Homicide Act 1957. There are 4 ingredients;
1. Defendant must be suffering from an abnormality of mind as in the case of Byrne ­
`the state of mind is so different from that of the ordinary human being, that the
reasonable man…

Page 3

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Provocation is governed in S3 of the Homicide Act 1957
· Defendant must have been provoked by things done/said into losing his self control.
Loss of control must be sudden and temporary and defendant must not have had
time to cool off as in Ibrams and…

Page 4

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Insanity `not guilty by reason of insanity'

When the defence of insanity is successful a special verdict will be given `not
guilty by reason of insanity'

Rules of insanity were laid down in M'Naghten.
1. Everyone is presumed sane, unless at the time of the crime they were suffering from,…

Page 5

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Not voluntarily in control of bodily
movements caused by an external factor

Quick ­ took his insulin and ate little afterwards. His state was caused externally be
his insulin and not his diabetes which was internal. He was granted the defence of
The defendant must show medical evidence.…

Page 6

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Not capable of forming the mens rea
due to being too drunk/drugged.

Set out in the Majewsti Rules;
1. Defendant is so intoxicated that he cannot form the mens rea for the offence.
Kingston ­ "an intoxicated intent is still an intent"
2. Decide whether the offence is…

Page 7

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Defendant does NOT intend to kill or cause serious harm.

· Defendant must have committed a criminal act
· This act must be dangerous as shown in the Church test. (Compared to the
reasonable and sober person
· The harm didn't have to be aimed at…

Page 8

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· Did the defendant owe the victim a duty of care? Adomako ­ " Ordinary principles of
the law of negligence apply"
· The defendant must breach his duty of care. He must fall below the standard of
care for that of the reasonable man.
· Did the…


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