Murder, Manslaughter etc

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  • Created by: nebulanya
  • Created on: 16-11-19 18:35
Murder
'Murder in the unlawful killing of a reasonable person under the Queen's peace with malice aforethought.'
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Murder mens rea
'Murder is the unlawful killing of a reasonable person under the Queen's peace with the intention to kill or cause GBH
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Authority for Murder mens rea
[Cunningham]
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Direct Intention
D has Direct Intention if it is her purpose to bring about the prohibited result
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Authority for Direct Intention
Moloney
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Oblique intention
A defendant has oblique intention if the prohibited result is not a purpose, but is a side effect of D's conduct that she correctly foresees with virtual certainty and the jury so finds.'
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Authority for Oblique Intention
Woollin
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Recklessness to cause GBH or Death
A person is reckless if he has foreseen a risk of the relevant actus reus for the crime but nonetheless chooses to run that risk unreasonably
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Authority for recklessness
R v G and Another
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Reckless manslaughter
Reckless manslaughter is committed where the defendant's conduct caused the death of a human being and the defendant was reckless as to cause death or GBH
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Authority for Reckless manslaughter
Hussain
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Unlawful dangerous act manslaughter conditions
1. Defendant has committed base crime satisfies actus and mens, 2. unlawful dangerous act is objectively dangerous, 3. unlawful act has caused death
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Objectively dangerous test
The unlawful act was objectively dangerous if all sober and reasonable person in the defendant's position would have foreseen that the defendant's act carried a risk of some harm to other people.
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Duty arises from creation of dangerous situation
If one has created a dangerous situation by his own conduct he has a legal duty to take reasonable measures to counteract the danger and failing to do so could incur omission liability
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Authority of duty arises from creation of dangerous situation
Miller
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Test for breach of duty was gross
The defendant's conduct was truly exceptionally bad and was such a departure from the standard of a reasonable person that it should be taken as criminal
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Authority for testing breach of duty was gross
Sellu
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Serious and obvious risk of death test
Reasonable person in D's position at the time of the breach of duty would have foreseen a serious and obvious risk of death
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Authority for test of serious and obvious risk of death
Rose
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Authority for Breach of duty of care
Adomako
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Contractual duty of care
where one is bound by the contract, he signed to protect others, failing to fulfil your duty may found guilty of omission liability
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Authority for contractual duty of care
Pittwood
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Authority for parental duty
Gibbins and Proctor
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Familial duty
Duty owed by one to his or her own spouse in peril
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Authority for familial duty
Hood
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Voluntary assumption of duty
People who voluntary assume responsibility for another's welfare will be under duty to care for him or her. The assumption of duty can be expressed or implied
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Authority for voluntary assumption of duty
Stone and Dobinson
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A person who commits the actus reus of a crime against one victim whilst having the mens rea for that same crime against another is liable by transferred malice.
Latimer
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Other cards in this set

Card 2

Front

'Murder is the unlawful killing of a reasonable person under the Queen's peace with the intention to kill or cause GBH

Back

Murder mens rea

Card 3

Front

[Cunningham]

Back

Preview of the back of card 3

Card 4

Front

D has Direct Intention if it is her purpose to bring about the prohibited result

Back

Preview of the back of card 4

Card 5

Front

Moloney

Back

Preview of the back of card 5
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