Law paper 3

• Defined by lord Coke 


  Murder is the unlawful killing of a human being under the kings peace , with malice aforethought, express or implied
• Unlawful killing 


  It wasn’t a lawful killing such as it occurred through an act of self defence. The killing can be through an act or omission
• Unlawful killing case


  Gibbins and Proctor - dad and step mother starved 7 year old Nelly to death. LBO for murder
• Human being 


  Foetus, life suppourt
• Under the kings peace

  Not at war
• Under the kings peace case


  Adebolajo - sentenced to prison convicted of murder, courts look at v’s situation rather than D’s mind
• areas of murder 


  Actus reus( unlawful killing, human being, under the kings peace). Causation( legal and factual). Men’s rea( direct intent, oblique intent)
• Direct intent


  • Adebolajo
• Direct intent for GBH 


  Desires serious harm but for GBH - desires V dies
• Oblique


  Indirect intent to cause harm - desires a certain outcome but an unintended death occurs instead
• Direct intent to kill


  Desires the outcome and desires the death to occur
• oblique intent to kill example 


  • D plants a bomb trying to kill a desired victim on a plane but ends up killing everyone else
• Oblique intent for GBH


  Desires to cause GBH but a different outcome occurs such as death
• Cases for Oblique intent

  1. Woolin-□ threw baby towards pram, missed and baby dies

  2. Death or serious harm was a virtual certainty

  3. Knew it was a virtual certainty
• Voluntary Manslaughter

  If the defendant is charged with murder, partial defences are available to reduce the charge
• Diminished responsibility


  is under S.2 of the homicide act 1957 but has now been amended by S52 of the coroners and justice act 2009
• Abnormality of mental functioning 1. DR


  D's functioning was so different from the ORP the reasonable man would deem it abnormal. Case ( byrne, he was unable to control his perverted desires, successfully claimed dr as he had a AMF)
• Recognised medical condition 2. DR


  Any condition recognised by the WHO, cases Brown ( D was found guilty of manslaughter on grounds of diminishes responsibility) Ahluwalia( D was found guilty of murder but on appeal it was reduced to manslaughter on grounds of dr)
• Substantially impaired 3. DR


  The RMC must substantially impair D's mental responsibility to do one of three gateways
• Three gateways


  • Understand the nature and conduct of their actions
  • Make a rational judgement
  • Exercise self-control
• Provides an explanation HA 1957 


  Means there must be a casual link between the defendants mental abnormality
• Just drunk


  Not a defence of DR
• Drunk & an AMF/RMC


  Alcohol Dependency (ADS) is a recognised medical condition
• Dietschmann (2003): 'If D is drunk at the tive jury are to remove the intoxication and look of the RMC alone, Adjustment disorder.'
• Stewart (2009): 'D Was a chronic alcholic Milled - ma during a fish. Appodea got ApS'
• Drunk and an amf/rmc

  Take out the alcohol and see if the d would do the same in the situation
• loss of control

  Partial defence to murder Under s.54 and s.55 Coroners and Justice Act 2009
• Loss of self control


  • Loss of ability to act in accordance with formal powers of reasoning
• Jewell (2014) case for lose of control 


  • Defence failed as it was premeditated, therefore acting within normal powers of reasoning
• Qualifying triggers


  • Fear
  • Anger-things said and done
• Fear


  D most fear serious violence from V against themselves or another
• Anger 


  things said and done
• Circumstances must be 


  extremely grace character and caused d to have a justified sense of being seriously wronged
• Character


  Must have a justified sense of being seriously wronged
• Normal person test


  A person of D's sex and age, with a normal degree of tolerance and self-restraint. case ( complin)
• Involuntary manslaughter, UAM 


  4 areas to prove, unlawful act, dangerous, caused death, intention for the unlawful act
• 4 areas to prove

  • Unlawful Act
  • Omissions do not count, can be aimed at a person or property
  • Manslaughter
• Case (Larkin)


  • G of unlawful act assault was more than simple threat
• Cases, Church


  • G of UAM when he assaulted the V, due to her tounting him
• Goodfellow


  • G of UAM, can be aimed at property