Home > Flashcards > Law > Criminal Law - England & Wales

Details Title: Criminal Law - England & Wales Description: Key Homicide Cases Total Flash Cards: 26 Created: 05/16/2007 07:05:12	To study from this set of flash cards, or to create your own your own study flash cards, register HERE. If you are already a registered user, CLICK HERE.
Cards Term R. v. Woollin 1998 Definition In extreme circumstances the judge may give instructions to the jury to: find intent where death or grievous bodily harm was a virtual certainty Term R. v. Doughty 1986 Definition Provocation can be the result of: actions OR words and need not be by the victim Term R. v. Duffy 1949 Definition Provocation IS STILL APPLICABLE if the defendant induced the words or actions that amounted to provocation Term R. v. Smith 2000 Definition The judgement OVERTURNED by AG for Jersey v. Holley regarding the subjective test for the defendants LEVEL OF RESTRAINT shown. UPHELD BY Mohammed 2005 Term Killing by Gross Negligence Definition Requirements: Duty of care owed Duty of care breached to risk of death Breach was not strict liability or minor such that it should not be criminalized Term Novus Actus Interveniens Definition An intervening event which so drastically alters the situation that it exculpates D of responsibility for the death entirely Rarely employed by the courts Term Constructive Manslaughter Definition AKA Unlawful Act Manslaughter Requirements Unlawful Act Dangerous Unlawful Act Intention is derived from the original act **R. v. ADOMAKO 1994** Term AG Reference (3 of 1994) Definition Intention for the original dangerous act is all that is necessary Term R. v. Miller 1983* Definition A duty of care for the purposes of Gross Negligence Manslaughter will be found where the defendant created the danger to the victim and failed to counter it - Lord Diplock Term R. v. Cheshire 1991 Definition CAUSATION: established where the defendants acts were ONLY A substantial CONTRIBUTING cause to death Term R. v. Lowe 1973 Definition OMISSIONS CANNOT satisfy the condition of a dangerous unlawful act in CONSTRUCTIVE MANSLAUGHTER Term R. v. Adomako 1994* Definition For the purposes of Gross Negligence Manslaughter the following requirements: Duty of care owed Duty of care breached Breach caused death Breach is grossly negligent GN Defined as: criminal considering all the circumstances Term R. v. Roberts 1971 Definition CAUSATION AT LAW: 'OPERATING AND SUBSTANTIAL' only intervened by a 'daft' voluntary act of the victim Term R. v. Williams 1992 Definition CAUSATION: A bad decicison is not a DAFT decision and so causation will not be broken in the case of a BAD DECISION Term R. v. Blaue 1975 Definition As for the level of harm done in establishing the Mens Rea for murder: D must take V AS HE FINDS HIM EGG SHELL SKULL RULE Term AG for Jersey v. Holley 2005 Definition PROVOCATION Level of provocation is objective -AND- Level of RESTRAINT is OBJECTIVE Contradicts R. v. Smith 2000 Upheld in R. v. Mohammed 2005 Term R. v. Mellor 1996 Definition CAUSATION Generally here the medical staff makes a negligent mistake the chain of causation is not broken and the original act remains the SUBSTANTIAL CONTRIBUTING CAUSE Term R. v. Dobinson 1977 Definition GROSS NEGLIGENCE Duty of care can be based on RELIANCE at common law Term R. v. Mark 2004 Definition GROSS NEGLIGENCE even if the defendant did not think about it he still is expected to have forsaw the risk of death by his actions Term Andrews v. DPP 1937 Definition CONSTRUCTIVE MANSLAUGHTER Generally, in cases where a LAWFUL ACT IS MADE UNLAWFUL BY STATUTE NOT OKAY FOR CONSTRUCTIVE MANSLAUGHTER Term R. v. Moloney 1985 Definition MURDER INTENT TO CAUSE GBH OR DEATH is the mens rea for murder Term R. v. White 1910 Definition CAUSATION 'but for' test is causation by fact Term R. v. Latimer 1886 Definition DOCTRINE OF TRANSFERRED MALICE MENS REA AGAINST ONE IS AGAINST ALL THE WORLD Term R. v. Latimer 1886 Definition DOCTRINE OF TRANSFERRED MALICE MENS REA AGAINST ONE IS AGAINST ALL THE WORLD Term R. v. Church Definition DANGEROUS CONSTRUCTIVE MANSLAUGHTER the reasonable bystander forseeing the risk of physical harm to the victim