Pages in this set

Page 1

Preview of page 1
Revision Notes ­ Unit 3
Section A Criminal Law (Fatal and nonfatal offences against the person)



Murder Actus reus (including causation) (Page 1 and 2),

mens rea (malice aforethought) (Page 2 and 3).
Voluntary manslaughter Defences of provocation and diminished responsibility (page 3 and 4).




Involuntary manslaughter Gross negligence manslaughter,…

Page 2

Preview of page 2
Year and a day rule: Abolished by Law reform (year and a day rule) Act 1996. The rule became out
dated as advances in medical knowledge make it possible prove an attack caused death after a
long time. Where the defendant has already been charged with an offence or the…

Page 3

Preview of page 3
Direct intention: Defined in Mohan (1975) as `the decision
to bring about, so far as it lies in the defendant's power, the criminal consequence
and he aims to do so'.

Oblique intention: The court must consider the issues of probability and the defendant's
subjective ability to foresee. A result seen…

Page 4

Preview of page 4


Involuntary Manslaughter

Involuntary manslaughter is defined as unlawful killing without malice aforethought (intent to kill
or commit GBH).

Gross negligence manslaughter: Requires an omission. Based on civil tort (Caparro . Requires a
duty, a breach that causes death and be so grossly negligence the jury considers it warrants a
criminal…

Page 5

Preview of page 5
(injury resulting in some permanent disability or visible disfigurement, broken or displaced limbs
or bones, injuries requiring blood transfusion or lengthy treatment) Malicious Wounding or
Inflicting Grievous Bodily Harm S20/S18 Offences Against the Person Act (1861): Actus reus,
wound defined as breaking all layers of the skin, Eisenhower. Grievous bodily…

Page 6

Preview of page 6
defendant is not acting in self defence or uses excessive force the defence will fail, Palmer, Clegg,
Martin. Self defence may be preemptive, Beckford. If the defendant mistakenly believes he is
being threatened or a crime being committed they will be judged on the facts as they believed
them to…

Page 7

Preview of page 7
of s.20 wounding and infliction of grievous bodily harm also carries a maximum 5 year sentence.
Ian Yule astutely renders these sentences to `lack even a semblance of consistency or coherence.'
Teamed with inconsistency in sentencing are specific actus reus and mens rea problems.
Assault and battery are separate offences…

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all resources »