Criminal Law

• What type of defence is loss of control?

  A partial defence
• What type of defence is diminished responsibility?

  A partial defence
• What offence is loss of control a partial defence to?

  Murder (ONLY)
• What offence is diminished responsibility a defence to?

  Murder (ONLY)
• What effect does the partial defence of loss of control have on a charge of murder?

  Reduces it to voluntary manslaughter
• What effect does the partial defence of diminished responsibility have on a charge of murder?

  Reduces it to voluntary manslaughter
• What is gross negligence manslaughter defined as?

  Where the death is as a result of a grossly negligent act or omission
• What is the case that expanded R v Adomako's four elements to six elements for gross negligence manslaughter?

  R v Broughton
• What are the six elements for gross negligence manslaughter defined in R v Broughton?


  1) D. owed a duty of care to the V. 2) D. negligently breached that duty of care 3) There was a serious and obvious risk of death 4) It was reasonably forseeable that the breach gave rise to a serious and obvious risk of death 5) Causation 6) Breach was so bad to justify that it amounted to gross negligence
• Where can a defendant owe a duty of care to a victim in gross negligence manslaughter?


  Duty of care already exists (Doctor to patient, road users, etc.) Where there is the 6 duties V. and D. were engaged in illegal activities together
• What case is it for when the D. owes the V. a duty of care because they were engaged in illegal activities together?


  R v Wacker
• What is the objective test for deciding if the defendant negligently breached a duty of care in gross negligence manslaughter?


  What would a reasonable person do in the D's position at the time of the breach?
• What standard is an unqualified person judged at when they breach a duty of care in gross negligence manslaughter?


  The same level as a qualified person
• What standard would a defendant with particular skills and knowledge that a reasonable person would not have be judged against when they breach a duty of care in gross negligence manslaughter?


  In light of their skills or knowledge
• What is a case for when a defendant is judged at a higher standard in gross negligence manslaughter?


  R v Ademako
• What case is it where it states there must be a serious and obvious risk of death in gross negligence manslaughter?

  R v Singh
• What does "Serious"" mean in context of ""There must be a serious and obvious risk of death"" in gross negligence manslaughter?"


  Risk of death is more than minimal - risk of injury, serious injury or illness is not enough
• What does "Obvious"" mean in context of ""There must be a serious and obvious risk of death"" in gross negligence manslaughter?"


  Present, clear and unambiguous
• What is a case for the breach being so bad that it justified amounting to gross negligence?


  R v Misra and Srivastava
• What are the two types of involuntary manslaughter?


  Unlawful act manslaughter Gross negligence manslaughter
• What type of offence is involuntary manslaughter


  Common law
• What is the definition of unlawful act manslaughter?


  An unlawful and dangerous act that causes the death of a human being
• What must the act be in unlawful act manslaughter?


  The result of the D's act not omission Must be unlawful (Arson, robbery or assault) Can include assisting in administering a drug
• What case states that the killing must be the result of the defendant's act, not omission in unlawful act manslaughter?


  R v Lowe
• What case states that the act must be unlawful in unlawful act manslaughter?


  R v Franklin
• What case states that an unlawful act can include assisting in the administration of a drug in unlawful act manslaughter?


  R v Rodgers
• What are the four elements in unlawful act manslaughter?

  1) Act 2) Dangerousness test 3) Causation 4) Mens rea of the unlawful act
• What is the dangerousness test for unlawful act manslaughter?


  The unlawful act must be dangerous, meaning all sober and reasonable people would realise it would subject the V. to the risk of some physical harm, not necessarily serious - regardless of whether they realised this
• What case does the dangerousness test come from?


  R v Church
• What case states it is only neccesary to establish the mens rea of the unlawful act for unlawful act manslaughter


  R v Lamb
• Where is the law on diminished responsibility found?


  s52 Coroners and Justice Act 2009
• What section of the Coroners and Justice Act 2009 is "Abnormality of Mental Functioning"" found?"

  s52 (1)
• What section of the Coroners and Justice Act 2009 is "Recognised Medical Condition"" found?"


  s52 (1)(a)
• What section of the Coroners and Justice Act 2009 is "Substantial Impairment"" found?"


  s52 (1)(b)
• What section of the Coroners and Justice Act 2009 is "Explains D's act or omission in killing"" found?"


  s52 (1B)
• What is the four stage test for diminished responsibility?

  1) Abnormality of mental functioning 2) Recognised medical condition 3) Substantial impairment 4) Explains D's act/omission in killing
• What is the definition of an "Abnormality of Mental Functioning"" for diminished responsibility?"

  A state of mind so different from that of a normal human being that an ordinary person would deem it abnormal
• What case provides the definition for an "Abnormality of Mental Functioning"" for diminished responsibility?"

  R v Byrne
• What can a "Recognised Medical Condition"" be for diminished responsibility?"

  A physical or mental condition in the WHO classification of diseases
• What are two recognised medical conditions found in the WHO classification of diseases for diminished responsibility?


  Battered wives syndrome Alcoholism