Law criminal law aqa a level 2022
Murder actus reus - Answer Unlawful killing of a human being under the queens peace.
- R v Malcherek and Steel
Murder mens rea - Answer Malice aforethought
- R v Vickers defined as intention to kill or cause GBH
Voluntary manslaughter- Diminished responsibility - Answer Firstly presented in the
Homicide act 1957 and amended in the Coroners and Justice Act 2009.
S52 of the coroners and justice act:
1. Abnormality of mental functioning
2. Which provides an explanation for the D's acts
3. Which substantially impaired his/hers mental ability to either:
a) understand the nature of their conduct
b)form a rational judgement
c)Exercise self control
Abnormality of mental functioning case - Answer R V Bryne
Explanation for D acts case - Answer R v Tandy
Substantially impaired his or her mental ability to.. case - Answer R v Golds, must pass
a trivial level as directed by the Supreme Court.
Exercise self control - Answer R v Bryne
Voluntary manslaughter- Loss of control - Answer Loss of control introduced by s54
Coroners and Justice Act 2009
(a) Must have lost self control
(B) Must be a qualifying trigger-s55:
c) A person of the same sex and age would have reacted in the same way as the
defendant in the same circumstance.
Must have lost self control cases - Answer R v Jewell, lost his normal powers of
reasoning.
-Doesn't have to be sudden, R v Ahluwalia
Qualifying triggers and cases - Answer - The defendant's fear of serious violence from
the victim against the defendant or- R v Dawes
- A thing or things done or said constituted an extremely grave character, caused the
defendant to have a justifiable sense of being seriously wronged. - R v Zebedee
Sexual infidelity - Answer The limitation based on sexual infidelity represents a major
change from the defence of provocation which was largely seen as an excuse for
crimes of passion. This change is based on the view that in a civilised society there can
be no excuse for killing due to infidelity.
- R v Clinton
, Law criminal law aqa a level 2022
Person of same age would have done the same case - Answer R v Van Dongen
Involuntary manslaughter- Unlawful act - Answer 1. There must be an unlawful act
2. The unlawful act must be dangerous
3. The unlawful dangerous act must cause death
Unlawful act case - Answer R v Franklin, only criminal offences will suffice.
Act must be dangerous - Answer R v Church, "sober and reasonable person would see
that there was a risk of some harm"
Must cause death - Answer R v Cato
Involuntary manslaughter- gross negligence - Answer R v Adomako set the elements
out of gross negligence:
There must be a duty of care
Breach of the duty of care- to find the breach, negligence must be applied.
Caused death- causation is used to prove that the breach of duty caused the death.
There must be a duty of care statement - Answer "Civil law is applied to decide whether
a duty of care is owed" stated by Lord Mackay. "
The negligent must be 'gross'- meaning and case - Answer R v Bateman, "showed such
a disregard for life and safety of others"- Lord Heward.
Self defence - Answer Complete defence in criminal law, and if successful the
defendant will be found not guilty.
Established in what statute? - Answer s3 (1) of the Criminal Law Act 1967
Was it necessary to use some force? - Answer The defendant will be judged according
to the facts as he or she genuinely believed them to be
- R v Gladstone Williams
Is the defendant suffering from delusions? - Answer The defendants genuine beliefs can
include delusions resulting from a psychiatric condition or another condition.
-R v Sean Oye
Is a pre emptive strike allowable? - Answer -- Does a person have to wait until he or she
is attacked before he or she can use force?
-R v Bird
Is there a duty to retreat? - Answer No duty to retreat, set under section 76 (6A).
Murder actus reus - Answer Unlawful killing of a human being under the queens peace.
- R v Malcherek and Steel
Murder mens rea - Answer Malice aforethought
- R v Vickers defined as intention to kill or cause GBH
Voluntary manslaughter- Diminished responsibility - Answer Firstly presented in the
Homicide act 1957 and amended in the Coroners and Justice Act 2009.
S52 of the coroners and justice act:
1. Abnormality of mental functioning
2. Which provides an explanation for the D's acts
3. Which substantially impaired his/hers mental ability to either:
a) understand the nature of their conduct
b)form a rational judgement
c)Exercise self control
Abnormality of mental functioning case - Answer R V Bryne
Explanation for D acts case - Answer R v Tandy
Substantially impaired his or her mental ability to.. case - Answer R v Golds, must pass
a trivial level as directed by the Supreme Court.
Exercise self control - Answer R v Bryne
Voluntary manslaughter- Loss of control - Answer Loss of control introduced by s54
Coroners and Justice Act 2009
(a) Must have lost self control
(B) Must be a qualifying trigger-s55:
c) A person of the same sex and age would have reacted in the same way as the
defendant in the same circumstance.
Must have lost self control cases - Answer R v Jewell, lost his normal powers of
reasoning.
-Doesn't have to be sudden, R v Ahluwalia
Qualifying triggers and cases - Answer - The defendant's fear of serious violence from
the victim against the defendant or- R v Dawes
- A thing or things done or said constituted an extremely grave character, caused the
defendant to have a justifiable sense of being seriously wronged. - R v Zebedee
Sexual infidelity - Answer The limitation based on sexual infidelity represents a major
change from the defence of provocation which was largely seen as an excuse for
crimes of passion. This change is based on the view that in a civilised society there can
be no excuse for killing due to infidelity.
- R v Clinton
, Law criminal law aqa a level 2022
Person of same age would have done the same case - Answer R v Van Dongen
Involuntary manslaughter- Unlawful act - Answer 1. There must be an unlawful act
2. The unlawful act must be dangerous
3. The unlawful dangerous act must cause death
Unlawful act case - Answer R v Franklin, only criminal offences will suffice.
Act must be dangerous - Answer R v Church, "sober and reasonable person would see
that there was a risk of some harm"
Must cause death - Answer R v Cato
Involuntary manslaughter- gross negligence - Answer R v Adomako set the elements
out of gross negligence:
There must be a duty of care
Breach of the duty of care- to find the breach, negligence must be applied.
Caused death- causation is used to prove that the breach of duty caused the death.
There must be a duty of care statement - Answer "Civil law is applied to decide whether
a duty of care is owed" stated by Lord Mackay. "
The negligent must be 'gross'- meaning and case - Answer R v Bateman, "showed such
a disregard for life and safety of others"- Lord Heward.
Self defence - Answer Complete defence in criminal law, and if successful the
defendant will be found not guilty.
Established in what statute? - Answer s3 (1) of the Criminal Law Act 1967
Was it necessary to use some force? - Answer The defendant will be judged according
to the facts as he or she genuinely believed them to be
- R v Gladstone Williams
Is the defendant suffering from delusions? - Answer The defendants genuine beliefs can
include delusions resulting from a psychiatric condition or another condition.
-R v Sean Oye
Is a pre emptive strike allowable? - Answer -- Does a person have to wait until he or she
is attacked before he or she can use force?
-R v Bird
Is there a duty to retreat? - Answer No duty to retreat, set under section 76 (6A).
