Law Unit 3

what is the actus reus and mens rea of murder?

AR- unlawful killing of a reasonable creature in being under the Queen's Peace. MR- malice aforethought express or implied

1 of 29

What is foresight of consequences?

D can have the required mens rea if he foresaw death or serious injury as a virtual certainty

2 of 29

What act and section sets out the partial defence of diminished responsibility?

s2(1) Homicide Act 1957, as amended by the Coroners and Justice Act 2009

3 of 29

What is the definition of diminished responsibility?

abnormality of mental functioning which arose from a recognised medical condition which substantially impairs Ds ability to understand nature of his conduct, form rational judgement or exercise self-control. Provides explanation for Ds conduct

4 of 29

What is the definition of abnormality of mental functioning?

'a state of mind so different from that of ordinary human beings that a reasonable man would term it abnormal'- Byrne

5 of 29

What is a substantial impairment?

decided in Golds that it is an ordinary word left to the jury to decide

6 of 29

What is the effect when D is intoxicated and has an AMF?

jury will ignore the intoxication, can still find D guilty of manslaughter if they are satisfied his AMF impaired his mental responsibility- Deitschman

7 of 29

What is the effect when D is intoxicated and doesn't have an AMF?

cannot support defence of diminished responsibility alone- Dowds

8 of 29

What is the effect when D is intoxicated and suffers from alcohol dependency syndrome?

can be a source of abnormality of mental functioning, take into account their intoxication- Woods

9 of 29

What must be shown for unlawful act manslaughter?

unlawful act, dangerous using the church test, act must cause the death, D must have mens rea for unlawful act (cannot be an omission- Lowe)

10 of 29

What is the church test for dangerousness?

"such as all sober and reasonable people would inevitably recognise the risk of some harm, albeit not serious harm"

11 of 29

What extra things need to be considered for dangerousness?

does not matter than D didn't realise the risk of harm to another person- objective test need only be satisfied (Larkin), act need not be aimed at victim (Mitchell)

12 of 29

What are the elements for gross negligence manslaughter?

existence of duty to V, breach which causes death, gross negligence which the jury considers to be criminal, gross negligence was substantial cause of death

13 of 29

What is the definition of gross negligence?

negligence is considered gross when it goes 'showed such disregard for life and safety of others as to amount to a crime against the state and conduct deserving of punishment

14 of 29

What are the elements required for a defence of insanity?

a defect of reason, which is the result of a disease of the mind, caused D not to know the nature and quality of his act, or not to know he was doing wrong- M'Naghten Rules

15 of 29

What is a disease of the mind?

legal term, not a medical one. cam be a mental or physical disease which affects the mind

16 of 29

What is automatism? (Bratty v AG Northern Ireland)

"an act done by the muscles without any control by the mind, such as a spasm, a reflex action or a convulsion; or an act done by a person who is not conscious of what he is doing such as an act done whilst suffering from concussion or sleepwalking"

17 of 29

What is the difference between insane and non-insane automatism?

insane- cause is a disease of the mind, non-insane- cause is an external one, complete defence

18 of 29

What are the rules for self-induced automatism

defence for specific intent crimes because they do not have the required mens rea, cannot be used for basic intent if it caused by illegal substances, may be used for basic if D did not know his acts were likely to lead to self-induced automatism

19 of 29

When can voluntary intoxication be used?

defence for specific intent crimes as mens rea was not formed (sheehan and moore), not a defence for basic intent as conduct is considered reckless (Majweski)

20 of 29

When can involuntary intoxication be used?

can be used for specific and basic intent offences as he doesn't have mens rea (Hardie), if he has necessary mens rea he can still be guilty (Kingston)

21 of 29

What needs to be decided to prove self-defence?

whether the use of force was necessary and whether the force used was reasonable in the circumstances

22 of 29

What is the effect of s76(5) of the Criminal Justice Act 2008?

D cannot rely on mistaken belief that is mistaken due to intoxication

23 of 29

What is the rule for householders in regards to self-defence?

degree of force will be regarded as reasonable unless it is 'grossly disproportionate' - Crime and Courts Act 2013

24 of 29

What offences can consent be a defence for?

always for assault or battery as there is no injury, not usually a defence where an injury is caused unless it falls under an exception

25 of 29

What are the exceptions where consent is available for s47?

properly conducted games or sport, reasonable surgical interference, tattooing/branding, body piercing, horseplay, dangerous exhibitions

26 of 29

What is the definition for loss of control?

a person is not to be convicted of murder if- D's act/omission resulted from D's loss of control, this had a qualifying trigger, a person of D's sex and age, with a normal degree of tolerance and self-restraint, and in the circumstances...

27 of 29

What are the qualifying triggers?

Fear of serious violence from V against D or another identified person OR things said or done which was circumstances of an extremely grave character, caused D to have a justifiable sense of being seriously wronged

28 of 29

What are the excluded matters?

sexual infidelity (Clinton), considered desire for revenge (Ibrams and Gregory), where D incited the trigger

29 of 29

Get Revising

Law Unit 3

Other cards in this set

Card 2

Front

Back

Card 3

Front

Back

Card 4

Front

Back

Card 5

Front

Back

Comments

Similar Law resources: