Homicide

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  • Created by: Kristina
  • Created on: 14-03-14 10:26
S1 Homicide Act 1957
Abolition of constructive malice
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S8 Criminal Justice Act 1967
Proof of criminal intent
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Law Reform (Year and a Day Rule Act) 1996
Abolition of year and a day rule, though A-G's consent requirement if 3 years passed or where previous conviction involved
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Cunningham (different to recklessness Cunningham)
Malice aforethought = intent to kill/cause GBH, not just kill (striking heavy blows over head with a chair)
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Conduct AR of murder
Any act/omission
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Consequence AR of murder
Death
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Conduct MR of murder
Deliberate act/omission
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Consequence MR of murder
Intent to kill/cause GBH
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Involuntary manslaughter
Murder + a partial defence
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Coroners and Justice Act 2009 s54-56
Loss of control defence (replacing common law defence of provocation)
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Clinton
Requirement of "extremely grave" objective, not just whether D felt that way - sexual infidelity not blanket exclusion, just not a qualifying trigger alone (strangling wife with belt when she had affair)
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Asmelash
Self-induced intoxication not to be included in the circumstances, though drunk person not excluded from the defence if sober person would have acted the same (D stabbed V)
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S2 Homicide Act 1957, as amended by S52 Coroners and Justice Act 2009
Diminished responsibility defence
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Dowds
Voluntary acute intoxication not capable of forming diminished responsibility defence (binge drinker inflicting 60 knife wounds on wife and could not remember)
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S1 Infanticide Act 1938
Infanticide (disturbed by effect of giving birth or lactation)
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S4 Homicide Act 1957
Suicide pact - manslaughter, not murder
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Elements of unlawful act manslaughter
1. unlawful act 2. dangerous 3. causes death
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Lowe
Unlawful act for unlawful act manslaughter must be criminal act NOT omission
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Andrews
Unlawful act for unlawful act manslaughter cannot be a strict liability/negligence crime
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Lamb
All elements of the unlawful act must be present for unlawful act manslaughter (D pulling trigger when pointing gun at friend w/o intending to fire it)
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Church
Objective test for 'dangerous' - must be such that all sober and reasonable people would inevitably recognise must subject the other person to at least risk of some harm, albeit not serious
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Watson
Qualifies objective test for 'dangerous' act - knowledge of person at the scene (burglary victim dying of heart condition)
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Dawson
Qualifies objective test for 'dangerous' - knowledge of person at scene (petrol attendant w/ heart condition)
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Dawson
Mere emotional disturbance not enough to constitute the harm (shock is more than this so can count)
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DPP v Newbury and Jones
Does not matter that D did not foresee that harm might result
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Kennedy
Especially important for unlawful act manslaughter causation rules
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Elements of gross negligence manslaughter
1. Did D have duty of care to V 2. Did V breach the duty 3. Did breach cause death 4. Was it gross negligence (Adomako)
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Evans
Duty can arise when a person has created/contributed to creation of a state of affairs which he knows/ought reasonably to know has become life-threatening (giving 16-year-old sister heroin)
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Other cards in this set

Card 2

Front

Proof of criminal intent

Back

S8 Criminal Justice Act 1967

Card 3

Front

Abolition of year and a day rule, though A-G's consent requirement if 3 years passed or where previous conviction involved

Back

Preview of the back of card 3

Card 4

Front

Malice aforethought = intent to kill/cause GBH, not just kill (striking heavy blows over head with a chair)

Back

Preview of the back of card 4

Card 5

Front

Any act/omission

Back

Preview of the back of card 5
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