2024-2025 QUESTIONS AND CORRECT
DETAILED ANSWERS|A GRADED
AR of murder - ANSWER>>Unlawfully cause death of a human being
Under Queen's Peace r v clegg
Not a fetus R V Copeland
Causes death r v malcherek
Act or omission r v gibbons and proctor
MR of murder - ANSWER>>malice aforethought
Intention to kill or cause GBH r v Vickers
direct intent- intent to bring about consequence r v mohan
oblique intent- virtually certain consequence r v woolin
Loss of Control Test - ANSWER>>s.54/55 coroners justice act 2009
D must lose self control:
not immediate r v dawes
cant be for revenge r v ibrahms
qualifying trigger:
fear- of serious violence against d or another r v ward
anger- things said or done of an extremely grave character giving d the justifiable sense of being
wronged r v Clinton
age and sex:
someone of ds age and sex with a normal degree of tolerance would've acted the same way r v
camplin
diminished responsibility - ANSWER>>S2 Homicide Act 1957
d has abnormality of functioning arising from a recognised medical condition:
, depression r v martin
battered woman syndrome aluwalia
pre menstrual syndrome English
irresistible impulses r v byrne
which substantially impairs ds ability to:
form a rational judgement martin
understand nature of their conduct English
exercise self control bryne not total- Lloyd
the abnormality explains ds part in the killing:
not intoxication r v dietchsman
Unlawful Act Manslaughter - ANSWER>>victim dies as a result of ds unlawful act
needs to be a criminal act:
r v lamb
act needs to be dangerous:
sober and reasonable man recognises risk of harm r v church r v jm+sm
causation:
but for- must cause death cato
operative and substantial r v smith
Mr of criminal act:
doesn't need to forsee result newbury and jones
Gross negligence manslaughter - ANSWER>>victim died as a result of ds negligence
duty of care:
take reasonable care of neighbour adomako donaughue and Stevenson
breach of duty:
omission
causation:
but for, operative and substantial