PRINTED Law - Murder, Invol.Mans.

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What is the actus reus of murder?
The unlawful killing of a person in being within the Queen's peace
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Can murder be committed through either an act or an omission or must it be an act?
Murder can be committed through either an act or omission however it must cause the death of a person
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Which case is it where a person has a duty to act under contract?
Pittwood
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Which case is it where a person has a duty to act when there is a special relationship?
Gibbons V Proctor
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What is the case where a person has a duty to act if they undertake responsibility for someone?
Stone V Dobinson
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What is the case where a person has a duty to act when they have created a dangerous situation?
Miller
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What is the leading case on factual causation?
White
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What is the case to prove operating and substantial cause of death?
R V Smith
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What is the case that shows that the defendant must be the minimal cause of the victims death?
Kimsey
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What are the two issues with the definition of a reasonable creature in being?
1. Is a foetus a reasonable creature in being? 2. Is someone on life support a reasonable creature in being?
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What is the case which shows a person is not a reasonable creature in being if they are on life support?
Malcherek
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What is the test to see if life has ended?
The Brain Stem Test
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What does within the Queen's Peace mean?
It simply means that the country isn't at war at the time of the killing
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What is the case to show intention to do GBH is enough to amount to the MR of murder?
Vickers (Old lady in the sweet shop)
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What are the two special and partial defences?
Loss Of Control and Diminished Responsibility
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Who is the burden of proof on for the defence of loss of control?
The burden of proof is on the defendant
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Which act contains the law on loss of control?
The Coroners Justice Act 2009 (2010)
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Which defence does loss of control replace?
Provocation
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The first element of LOC is the defiant must suffer a loss of control, does the loss have to be sudden?
No, but the time between the trigger and the loss of control is important
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What excludes the availability of the defence of LOC?
A considered for revenge
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What are the two types of qualifying trigger for the defence of LOC?
The fear trigger and the anger trigger
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What must a defendant have for the fear trigger?
A genuine fear of serious violence against themselves or another identified person
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What must a defendant have for the anger trigger?
Things said or done to make the defendant angry. The things said or done must amount to circumstances of an extremly grave character and have a justifiable sense of being seriously wronged
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What is the objective test for LOC
Would a person of the defendants same sex and age with ordinary level of tolerance and self restraint in the circumstances of the defendant, have acted in the same or a similar way to the defendant?
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What must be disregarded when considering the anger trigger?
Sexual Infidelity. However once the trigger has been established the judge may consider it
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What characteristics of the defendant must not be considered for the anger trigger?
Any characteristics which would affect a persons levels of tolerance and self restraint
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Which act contains the law on diminished responsibility?
The defence was created by S2 of the Homicide Act 1957 but amended and modernised in S52 Coroners Justice Acts 2009
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What is the first element of diminished responsibility?
The first element is that the defendant must have an abnormality of mental functioning
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Which case supports the first element of DR?
R V Byrne
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What does suffering from an abnormality of mental functioning mean?
It is held to be something that is so different to that of the ordinary person that the reasonable person would find it abnormal
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What is the second element of the defence of diminished responsibility
The second element is that the abnormality must have arose from a recognised medical condition
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Name a few recognised medical conditions
Depression, Schizophrenia, Battered Woman Syndrome (BWS)
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What is the third element of the defence of diminished responsibility?
That the medical condition must have impaired the defendants ability to understand their nature of their conduct, make rational judgements and exercise self control.
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What is the definition of substantial and what is the case?
The definition is more than trivial impairment but not total impairment. The case is Egan (1992)
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What does nature of conduct mean?
It means that the defendant is in situations where they do not understand what they are doing. For example they think that they are cutting a loaf of bread but they are really cutting a person's throat
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What does rational judgement mean?
This means that people can't from rational judgements even if they do know the nature of their conduct
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What does unable to exercise self control mean?
It means that a person is unable to control themselves. For example a ********* may not be able to control their perverted desires
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What happened in the case of Bryne?
The man had perverted sexual impulses and was convicted despite having the defence of diminished responsibility because the judge ruled him guilty based on the grounds of public interest. People argued it should have been up to the jury to decide
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What is the fourth element of the defence of diminished responsibility?
The defendant must provide an explanation for their acts and omissions in doing/being part of the killing. There must be a causal link between the medical condition and the killing
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What is the rule on diminished responsibility and intoxication
Intoxication alone cannot support the defence of DR
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What is the case of DR and intoxication?
Dowds
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What can allow the defence of DR and intoxication?
If the defendant has a pre-existing abnormality of mental functioning but it must be a significant factor. Alcohol dependency syndrome is a recognised medical condition
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Can murder be committed through either an act or an omission or must it be an act?

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Murder can be committed through either an act or omission however it must cause the death of a person

Card 3

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Which case is it where a person has a duty to act under contract?

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Card 4

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Which case is it where a person has a duty to act when there is a special relationship?

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Card 5

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What is the case where a person has a duty to act if they undertake responsibility for someone?

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