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Define Murder
The unlawful killing of a human being, under the Queen's peace, with malice aforethought.
Life imprisonment. Detention at Her Majesty's pleasure if under 18.
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Define 'Human Being'
Includes pre-natal injuries, where the baby is born alive but dies from his injuries.
The intention at the time of the injuries is key. If there is only the intention to seriously injure the mother then the malice will not be transferred to the unborn baby.
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What is the intention for Murder and Attempted Murder?
- Murder - Intention to kill or cause GBH
- Attempted Murder - Intention to kill ONLY.
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What is the position regarding murders committed overseas?
A British citizen, who commits murder anywhere in the world, may be tried in England and Wales.
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Year and a Day Rule?
...has been abolished. Law Reform Act 1996.
The Attorney or Solicitor General's consent is required to prosecute when the victim dies more than 3 years after, or if the defendant has already been convicted of an offence under the circumstances connected with the death.
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What are 'Special Defences' to murder?
- Diminished Responsibility
- Loss of Control
- Suicide Pact
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Outline Diminshed Responsibility
Abnormality of mental functioning which:
- -Arose from a mental condition
- -Substantially impaired their ability to understand the nature of their conduct, form rational judgement, or exercise self-control
- -Provides an explanation for their acts or omissions.
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Outline 'Loss of Control'
Replaces 'Provocation'.
Loss of self-control had a qualifying trigger and a person with the same characteristics might have reacted the same.
No longer required that they were provoked to 'red mist'.
Defence will not apply in a considered desire for revenge.
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What are qualifying 'triggers' for Loss of Self-Control?
- a) Fear of serious violence against him or another.
- b) The things said OR done, constituted circumstances of grave character and caused a justifiable sense of being seriously wronged.
Justifiable is objective. Not justifiable if the accused is the one who incited the provocative behaviour as an excuse.
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Outline Suicide Pact
A common agreement between two or more parties that has as it's object the death of them all, whether or not each person takes their own life. Each must want to die.
If A kills B in pursuance of the pact but not himself, he is guilty of Manslaughter.
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Explain Voluntary Manslaughter
It reduces a murder charge to manslaughter with one of the 3 special defences.
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Explain Involuntary Manslaughter
Causes the death, but without the required Mens Rea.
Does an unlawful act that causes the death, or gross negligence. They must have the required Mens Rea for the unlawful act.
Unlawful act sometimes known as 'Constructive Manslaughter'.
Gross negligence is where a duty of care is breached. The jury decides if it is 'gross'.
Must be an act, NOT an omission.
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Outline offence of Corporate Manslaughter
An organisation is guilty if the way in which it's activities are managed and organised:
- a) Causes a person's death
- b) Amounts to gross breach of duty of care owed, but only if it is a substantial element in the breach of relevant duty.
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What is an 'Organisation' in reference to Corporate Manslaughter?
A company. Includes public bodies, Local Authority, NHS, Police, Royal Charter and Limited Partnerships.
Senior Management is someone who has a significant role in the organisation's activities.
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What are 'relevant duties of care'?
Duty of Care = Obligation of reasonable acre of health and safety.
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When are Police services and authorities exempt from the relevant duties of care?
a) Operations dealing with terrorism, civil unrest or serious disorder that involve the carrying on of policing where officers or employees of public authority come under attack in the course of their operations.
b) Activities carried out in preparation or support of such operations.
c) Training of a hazardous nature to improve or maintain effectiveness of officers or employees of public authority with respect to such operations.
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Where can the offence of Corporate Manslaughter be committed?
Can be prosecuted if harm resulting in death occurs in UK, UK territorial waters, British Ship/Aircraft/Hovercraft or Oil Rig or similar covered by UK Criminal Law.
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What is the consent required for the prosecution of Corporate Manslaughter?
Director of Public Prosecutions.
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Define Causing or Allowing the Death of a Vulnerable Person.
A child or vulnerable person dies as a result of an unlawful act of a person who was a member of the same household as them AND had frequent contact with them.
They have to have been such a person at the time of the act and there has to have been a significant risk to the person by the unlawful act.
Did the unlawful act or was aware/ought to have been aware of the risk mentioned, failed to take such steps to protect the person from the risks.
The act occured in the circumstances of the kind that they person foresaw, or ought to have forseen.
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Define Child and Vulnerable Person with regards to S.5(1) Domestic Violence Crime and Victims Act 1994
Child: Under 16.
Vulnerable Person: 16+ whose ability to protect himself from violence/abuse/neglect significantly imparied through physical or mental disability or illness, old age or otherwise.
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Define 'Same Household' with regards to S.5(1) Domestic Violence Crime and Victims Act 1994
Even if they visit so often and for such periods of time that is reasonable to regard them as a member.
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Outline the offence of Encouraging/Assisting Suicide
Intentionally does an act capable of encouraging or assisting suicide/attempted suicide.
Act includes a course of conduct. It need not be a specific person. They do not need to know them.
Includes impossible acts. Consent of the DPP is required.
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Define Solicitation of Murder
Solicit, encourage, persuade/endeavour to persuade, or propose to any person to murder any other person.
Proposed victim may be anywhere in the world.
Includes impossible acts.
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