Murder
'the unlawful killing of a reasonable creature in being, under the King's peace with malice a forethought, either expressed or implied'
What is the definition of murder?
Unlawful act
Actus reus for unlawful act manslaughter
Three special defences
What is Loss of control, diminished responsibility and suicide pact?
Definition of GNM
It is committed where the defendant owes a duty of care to the victim but breaches that duty in a very negligent way, causing/resulting in the death of the victim.
In which case did the D's starve and kill a child
Gibbins and Procter (1918)
This means death must be of a human being
What is a reasonable creature in being
It must be proved that the defendant had the mens rea for the unlawful act but it is not necessary for the defendant to realise that the act is unlawful or dangerous.
Mens rea of unlawful act manslaughter
A person who kills or is party to a killing is not to be convicted of murder if he was suffering from this
What is abnormality of mental functioning which arose from a recognised medical condition?
Leading case in GNM
Adamako - anaesthetist
Which case shows that death means to be brain dead
Malcherek and Steel (1981)
The general rule of omissions is that a person cannot, generally speaking, be guilty of failing to act
What is unlawful killing
Unlawful act case law
R v Lamb (1967) - Two boys were playing with a revolver.
Name a recognised medical condition which would allow for the defence of diminished responsibility
What is a psychopath, sociopath, battered women's syndrome, low mental age etc.
Case involving gross negligence
Bateman (1925) - A doctor was convicted of manslaughter arising out of his treatment of a woman in childbirth
Name the case: The D murdered a young girl staying in a YWCA hostel. He then mutilated her body. He did so as he was suffering from irresistible impulses which he was unable to control.
R v Byrne (1960)
There are two different intentions either of which can be used to prove the D guilty of murder
What is express and implied malice aforethought?
Case relating to dangerous act
Larkin (1943) The D waved a razor about intending to frighten his mistress's lover. He claimed his mistress, who was drunk, blundered against the razor and was killed when it cut her throat.
Name 1 qualifying trigger for loss of control
Fear of violence, things said and things done or a justifiable sense of being wronged.
Case in relation to the supplying of illegal drugs
Dias (2002) - self injected and died
Name the case: The D a 15 year old boy, killed a middle aged man by hitting him over the head with a chapati pan. At his murder trial the boy stated that the V had raped him and then laughed at him at which point he lost his control and hit him.
DPP v Camplin (1978)
Rules of causation
Causation in law, fact and intervening acts
Definition of unlawful act manslaughter
The defendant causes the death through doing an unlawful act that is objectively dangerous with the necessary mens rea for the unlawful act
Any lapse of time between loss of control and killing will have an effect on the jury
The loss of control does not have to be sudden
What is the mens rea for GNM
Judged by their behaviour rather than their state of mind. There must be an obvious risk of death, but this is judged objectively, so it does not matter that the defendant did not see the risk.
Name the case: D's had been involved in a fight with a few doormen in a nightclub.
JM and SM (2012)