1
Q
What must the defendant put forward?
A
The defendant must put forward sufficient evidence to raise loss of control. Once the defence is raised. It is for the prosecution to disprove. If senseful the charge will reduce from murder to manslaughter
Criminal Law
flashcards
Decks in class (126)
# Cards
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Voluntariness principle5
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Hill v Baxter1
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Factual causation2
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Legal Causation3
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Intervening acts1
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Acts of a third party2
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Medical negligence3
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Acts of the victim3
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The thin skull rule2
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Omissions3
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Situations where a duty to act exists1
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Duty arising from statute2
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Duty arising from a contractual obligation2
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Duty arising from a special relationship2
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Duty arising from a voluntary assumption of care3
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Duty arising from creating a dangerous situation2
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Duty arising from an official position2
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Direct Intent2
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Oblique intention2
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Recklessness2
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Transferred malice3
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Evaluation of transferred malice5
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Strict liability5
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Public safety offences3
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Regulatory offenses3
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Environmental and pollution offences2
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Reasons for strict liability1
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Evaluation of strict liability4
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Coincidence of the actus reus and mens rea4
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Common assault2
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Actus reus1
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An act3
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Apprehend2
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Immediate3
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Unlawful force3
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Causation1
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Tuberville v Savage1
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Mens rea1
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Actus reus of battery1
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Application6
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Unlawful force2
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Mens Rea1
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Assault Occasioning Actual Bodily Harm2
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Actual2
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Bodily2
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Harm3
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Mens Rea1
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Section 20 OAPA 18611
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Wound2
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GBH4
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Inflict3
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Causation1
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Mens Rea4
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Section 18 OAPA 18612
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Murder3
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Unlawful killing6
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Reasonable creature in being2
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Under the Kings peace2
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Mens Rea5
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Diminished responsibility2
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Does the defendant have an abnormality of mental functioning?1
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Is the defendants abnormality of functioning caused by a recognised medical condition?11
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Does the defendant's abnormality of mental functioning cause a substantial impairment to the defendant's ability do 1 or more things set out in subsection 1(A).1
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Substantial1
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Impairments4
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Does the defendants abnormality of mental functioning provide an explanation for the conduct?2
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Intoxication1
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Burden of proof1
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Loss of control1
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Has the defendant lost control?4
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Was the defendants loss of control the result of a qualifying tigger?3
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Fear trigger3
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Anger trigger6
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Would a person D’s sex and age with a normal degree of tolerance have acted in the same or a similar way to D6
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Charge1
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Establish whether D owed V a duty of care4
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Establish whether the defendant breached the duty of care2
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Was there a serious and obvious risk of death which is reasonably foreseeable4
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The breach must cause the death of the victim1
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What is the final stage of gross negligence manslagher?6
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The defendant must have committed an unlawful act which caused the death of the victim3
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The unlawful act must be a dangerous act4
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The unlawful act must cause the death1
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The defendant must have the mens rea for the unlawful act1
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Automatism2
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Did the defendant act involuntarily?3
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Was the automatism caused by external factors?5
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Self-induced3
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Insanity1
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The defendant must be suffering from a defect of reason3
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The defendants defect of reasoning must be caused by a disease of the mind5
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The defect of reason must cause the defendant to not know the nature or quality of the act or cause them not to know what they were doing was wrong6
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Diabetes with insanity and automatism5
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Identify the type of offence3
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Identify the type of intoxication3
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Apply the rule for the type of offence and intoxication3
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Dutch Courage1
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Intoxicated mistakes4
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Self-defence1
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Was the force used necessary?5
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Was the force used proportinate?8
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Duress by threats3
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Was the threat to cause death or serious injury?6
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Was the threat directed towards the defendant or his immediate family or someone close to him?2
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Did the defendant act reasonably in the circumstances?5
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Was the offence committed by the defendant directly caused by the threats?2
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Did the defendant have no other choice but to carry out the offence?5
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The defendant must not have voluntarily laid themselves open to the threats6
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Duress of circumstances5
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Distinguishing between defences1
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Theft2
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Actus Reus1
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Appropriation7
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Property12
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Belonging to another3
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Mens rea1
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Dishonestly5
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Intention to permanently deprive6
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Robbery2
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Is there the use of force or threat of force on any person?4
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Is the force/threat of force immediately at the time of stealing and in order to do so4
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Intention4
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Attempts3
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More than merely preparatory6
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Mens Rea2
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The impossible principle1
