Murder and Voluntary Manslaughter

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  • Created by: A Francis
  • Created on: 05-06-13 10:36
Murder
'The unlawful killing of a reasonable creature in being under the Queens Peace with malice aforethought, express or implied
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Murder Actus Reus
The Unlawful Killing of a Reasonable creature in being under the Queens Peace
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Murder Omissions
A Contractual Duty - A Duty because of a Relationship - A Duty taken on Voluntarily - A Duty that arises due to the D setting in motion a chain of events
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Pitwood
A Contractual Duty to Act
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Gibbins and Proctor
A Duty due to a Relationship
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Stone and Dobinson
A Duty taken on voluntarily
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Miller
A duty that arises due to the D setting in mothion a chain of events
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Attorney-Generals Reference (No 3 of 1994)
A foetus is not a reasonable creature in being. The Child must have an existence independant of the mother
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Malcherek
A person who is brain dead would not be considered a reasonable creature in being.
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Pagett
Factual Causation ('But for' the D actions the consequence would not have occured
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Cato
The D's act must be more than a 'minimal' cause of the consequence
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Kimsey
There must be more than a slight or trifling link
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Blaue
Thin Skull Rule - You must take the victim as you find them
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Smith
Medical treatment is unlikely to break the chain of causation
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Cheshire
The medical treatment had become the became the main cause of the V's death.
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Jordan
The acts of the doctor were the main cause of the V deaths and broke the chain of causation
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Roberts
The acts of the V were reasonable in the circumstances
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Williams
The D's Act were not 'Within the abit of reasonableness and therefore broke the chain of causation'
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Murder Mens Rea
Malice Aforethought Express or Implied
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Express Malice Aforethought
The Intention to kill
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Implied Malice Aforethought
The Intention to cause GBH
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Vickers
An intention to cause GBH is sufficient for the Mens Rea for Murder
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Woolin
1) It was a Virtual Certainty that death or serious harm would occur 2) The D realised that it would have occured
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Latimer
The intention to commit a similar crime but to a different victim can be transferred
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Thabo Meli
The Actus Reus and the Mens Rea must coincide for there to be an offence
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Diminished Responsibility
D has an abnormaility which (a) arose from a recognised medical condition (b) substantially impaired his ability to - Understand the nature of his conduct - form a rational judgement - exercise self control (c) provides an explanation for the D's act
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Byrne
An abnormailty of Mental functioning is 'a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal
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Lloyd
Substantial does not mean total, nor does it mean trivial or minimal. It is something in between and it is for the jury to decide if the D was substantially impaired
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Di Duca
A transient state of intoxication was not an abnormality of mental functioning
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Dietschmann
If the jury are satisfied that the abnormality substantially impaired the D even if he is intoxicated he should be guilty of manslaughter
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Tandy
Alcohol Dependancy Syndrome is a recognised medical condition
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Loss of Control
(1) D must have lost Self Control (2) There Must be a Qualifying Trigger (3) A person of the same sex and age would have acted the same way as D in the circumstances
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Ahluwalia
The loss of Self Control does not have to be sudden it can be over a period of time
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Qualifying Trigger
(1) D's fear of serious violence (2) A things done or said (a) which are of an extremely grave character (b) Caused a justifiable sense of being seriously wronged
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Martin (Anthony)
Fear of violence is a qualifying trigger
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Doughty
Things said or done must be of an extremly grave nature and caused the D to feel seriously wronged
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Ibrams and Gregory
If D has time to consider Revenge it can not be used as a qualifying trigger
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R v Clinton
Sexual infidelity can be a qualifying trigger if the D is exposed to grave details of it
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Camplin
The Sex, and Age of the victim should be taken into account when considering the standard of self control
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Other cards in this set

Card 2

Front

The Unlawful Killing of a Reasonable creature in being under the Queens Peace

Back

Murder Actus Reus

Card 3

Front

A Contractual Duty - A Duty because of a Relationship - A Duty taken on Voluntarily - A Duty that arises due to the D setting in motion a chain of events

Back

Preview of the back of card 3

Card 4

Front

A Contractual Duty to Act

Back

Preview of the back of card 4

Card 5

Front

A Duty due to a Relationship

Back

Preview of the back of card 5
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