Term
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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 |
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Term
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Definition
Provocation can be the result of:
actions OR words and need not be by the victim |
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Term
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Definition
| Provocation IS STILL APPLICABLE if the defendant induced the words or actions that amounted to provocation |
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Term
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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 |
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Term
| Killing by Gross Negligence |
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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 |
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Term
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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 |
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Term
| Constructive Manslaughter |
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Definition
AKA Unlawful Act Manslaughter
Requirements
Unlawful Act
Dangerous Unlawful Act
Intention is derived from the original act
**R. v. ADOMAKO 1994** |
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Term
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Definition
| Intention for the original dangerous act is all that is necessary |
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Term
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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 |
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Term
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Definition
CAUSATION:
established where the defendants acts were ONLY A substantial CONTRIBUTING cause to death |
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Term
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Definition
| OMISSIONS CANNOT satisfy the condition of a dangerous unlawful act in CONSTRUCTIVE MANSLAUGHTER |
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Term
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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 |
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Term
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Definition
CAUSATION AT LAW:
'OPERATING AND SUBSTANTIAL'
only intervened by a 'daft' voluntary act of the victim |
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Term
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Definition
CAUSATION:
A bad decicison is not a DAFT decision and so causation will not be broken in the case of a BAD DECISION |
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Term
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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 |
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Term
| AG for Jersey v. Holley 2005 |
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Definition
PROVOCATION
Level of provocation is objective
-AND-
Level of RESTRAINT is OBJECTIVE
Contradicts R. v. Smith 2000
Upheld in R. v. Mohammed 2005 |
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Term
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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 |
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Term
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Definition
GROSS NEGLIGENCE
Duty of care can be based on RELIANCE at common law |
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Term
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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 |
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Term
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Definition
CONSTRUCTIVE MANSLAUGHTER
Generally, in cases where a LAWFUL ACT IS MADE UNLAWFUL BY STATUTE NOT OKAY FOR CONSTRUCTIVE MANSLAUGHTER |
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Term
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Definition
MURDER
INTENT TO CAUSE GBH OR DEATH is the mens rea for murder |
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Term
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Definition
CAUSATION
'but for' test is causation by fact |
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Term
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Definition
DOCTRINE OF TRANSFERRED MALICE
MENS REA AGAINST ONE IS AGAINST ALL THE WORLD |
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Term
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Definition
DOCTRINE OF TRANSFERRED MALICE
MENS REA AGAINST ONE IS AGAINST ALL THE WORLD |
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Term
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Definition
DANGEROUS
CONSTRUCTIVE MANSLAUGHTER
the reasonable bystander forseeing the risk of physical harm to the victim |
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