Fatal Offences

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Case showing a person is legally dead when the brain stem is inactive.
Malcherek and Steel
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Euthanasia cases
Gray 1965 R v Inglis 2010
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Case showing intent to cause GBH is sufficient for murder.
Vickers
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What are the elements of loss of control under s54 of the Coroners and Justice Act?
Qualifying trigger, defendant's actions resulted from the loss of self control, a reasonable man in the same circumstances may have acted in the same way
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Case showing it's possible to remain out of control during a delay.
Baillie
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Two abused spouse cases
Ahluwalia 1992, Thornton 1996
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Case showing revenge rules out loss of self control.
Ibrams and Gregory
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Case showing age is relevant to the reasonable man in loss of self control
Camplin
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Case showing capacity for self restraint or short tempers is not relevant to loss of self control.
Mohammed 2005
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What are the qualifying triggers under s55?
Fear of serious violence. Circumstances of grave character which caused the defendant a justified sense of being wronged.
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What restrictions does s5 place on qualifying triggers?
Incitement, sexual infidelity
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Case showing sexual infidelity can be counted if it is part of a collection of grave circumstances.
Clinton.
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Under s2 of the Homicide Act 1957, what are the requirements for diminished responsibility?
Recognised medical, substantial impairment of D's ability to understand conduct, form judgement or exercise self control. Abnormality provides an explaination for the acts.
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DR cases for: Sexual psychopathy, Post Natal Depression, PMT
Byrne, Reynolds, English
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What case sets out the meaning of substantially impaired?
R v Egan: More than trivial.
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What case sets the precedent for voluntary intoxication in relation to DR?
Gittens or Dietschmann
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What case sets the precedent for involuntary intoxication in regards to DR?
Wood 2008
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What is the burden of proof for diminished responsibility?
The burden of proof is on the defence on a balance of probabilities.
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What is the leading case on gross neglicence manslaughter?
Adomako
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What three elements of GNM does Adomako set out?
The duty of care, the breach of duty that causes the death, the negligence being considered criminal by the jury.
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How is a duty of care established in a GNM case?
Lord Mackay said it's the same as in civil law meaning Donoghue v Stevenson's neighbour principle.
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Duty of care arising from relationship, contractual duty, tennancy agreement
Stone and Dobinson, Litchfield, Singh
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How should the judge direct the jury in what negligence they should consider criminal? What case confirms this?
Negligence is criminal when the defendant should have foreseen that there was a risk of death. Misra and Srivasta
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A case that amounted to gross negligence.
Edwards
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A case that did not amount to gross negligence.
Finlay
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What are the elements of unlawful act manslaughter?
The unlawful act, the act must be considered dangerous by the jury, the act must be the substantial cause of death
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Case showing the act must be criminal, not civil
Franklin
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Case showing the act does not have to be aimed at the resultant victim.
Mitchell
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Case shows the act can be directed at property.
Goodfellow
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Case showing the act must be a commission, not an omission.
Lowe
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Case setting the test for what a dangerous act is.
Church 1966.
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What is the principle of Church? Who said it?
Edmund Davis said 'the unlawful act must be such as all reasonable people would recognise must subject the other person to some harm'.
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Case where the reasonable person would not foresee risk of harm.
Dawson.
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Case where reasonable person would foresee risk of harm.
Watson.
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Drugs case where the unlawful act was the substanital cause of death.
Cato. (injecting drugs)
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Drugs case where the unlawful act was not the substantial cause of death.
Kennedy. (selling drugs)
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Case where the unlawful act was a continuing act.
Le Brun.
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Other cards in this set

Card 2

Front

Euthanasia cases

Back

Gray 1965 R v Inglis 2010

Card 3

Front

Case showing intent to cause GBH is sufficient for murder.

Back

Preview of the front of card 3

Card 4

Front

What are the elements of loss of control under s54 of the Coroners and Justice Act?

Back

Preview of the front of card 4

Card 5

Front

Case showing it's possible to remain out of control during a delay.

Back

Preview of the front of card 5
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