Law03 - Fatals

Answer structures for the fatals questions with appropriate cases and markers for where to relate to the scenario. Case list at the end.

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  • Created on: 15-05-12 21:45
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FATAL OFFENCES
MURDER
LOSS OF CONTROL
DIMINISHED RESPONSIBILITY
UNLAWFUL ACT MANSLAUGHTER
GROSS NEGLIGENCE MANSLAUGHTER
& CASE LIST.

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MURDER
Unlawful killing of a
person in being. Murder is unlawful killing; lawful killing is
when a doctor turns off a life support
machine.
Malcherek v Steel
RELATE TO Q.
Must be a "person in being": had an
independent existence. A foetus is not a
person in being.
AG Ref (No.3 1994)
RELATE TO Q.
Express Malice Aforethought The D has intention to kill and
does kill the victim.
RELATE TO Q.
Implied Malice Aforethought The D intends to do GBH but
kills the victim.…read more

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LOSS OF CONTROL
S54(1) CJA '09 If D's acts or omissions resulted from a LoC
they should be convicted of manslaughter
under S54(7) CJA '09.
DPP v Camplin
RELATE TO Q.
S54(1) CJA '09 LoC must have a "qualifying trigger".
DPP v Camplin
RELATE TO Q.
S55(3) CJA '09 D's LoC is because he/she feared serious
violence.
Fear only needs to be honestly held, not
necessarily reasonable.
R v Ahluwalia
RELATE TO Q.…read more

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DIMINISHED RESPONSIBILITY
S52(1) CJA '09 amends S2 Homicide Act 1957.
S52(1) CJA '09 "The abnormality of mental functioning must
substantially impaired D's ability to understand
the nature of his/her conduct and/or for rational
judgement and/or exercise self control."
R v Egan
RELATE TO Q.
S52(1) CJA '09 The abnormality of mental functioning must be
caused by a medically recognised condition e.g.
battered wife syndrome, depression, addictions etc.
R v Byrne
RELATE TO Q.…read more

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UNLAWFUL ACT MANSLAUGHTER
There must be an unlawful act.
R v Lamb
RELATE TO Q.
Must be objectively dangerous.
R v Church [Danger would be obvious to a sober and
reasonable person.]
RELATE TO Q.
R v Larkin [Only need to foresee some harm, not serious harm.]
RELATE TO Q.
The dangerous act must be the cause of the death.
R v Dalby / R v Kennedy No.2 / R v Rogers
RELATE TO Q.
Third party acts can break the chain of causation.…read more

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GROSS NEGLIGENCE MANSLAUGHTER
R v Adomako The jury must consider the risk of death
and decide if the behaviour was bad enough
to be deemed 'criminal'.
10 duties Doctors owe their patients a DoC.
R v Adomako
Managers of private apartments owe their tenants a DoC.
R v Singh
The master of a ship owes the crew a DoC.
R v Lichfield
Someone voluntarily undertaking the care of an individual
owes that person a DoC.…read more

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CASE LIST ­ FATAL OFFENCES
MURDER
Malcherek v Steel Woman on a life support machine, doctors switched it off after 10 days.
AG Ref (No.3 1994) Child died as a result of premature birth, held that the man who'd stabbed the mother
and instigated the premature birth had committed murder as, at the moment of death,
the child was a person in being.
R v Cunningham D struck V with a chair repeatedly thus showing strong evidence that he intended GBH or
death.…read more

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R v Church Man attacked woman and knocked her unconscious. He tried to revive her but failed so
assumed she was dead and he threw her body into a river. She wasn't dead but died from
the drowning.
R v Larkin D attacked a man with an open cut throat razor. A drunken woman tried to intervene but fell
on the blade which cut her throat and killed her.
R v Dalby D supplied a drug to V who then self-injected and died.…read more

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R v Pittwood A railway crossing keeper was contracted to keep a gate shut but failed to do some and
so V crossed the line and was hit by a train.…read more

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