What is the common law definition of murder?
One person kills another with the intention to cause death or serious injury
In what case did D throw V into a river?
CHURCH 1966
- V mocked D’s ability to satisfy her sexually
- D knocked V unconscious during a fight
- D feared V dead so threw her into a river
- Autopsy found that she had died through drowning
- Convicted of manslaughter - judge made errors in direction but appeal still found him guilty
What test for constructive manslaughter is derived from CHURCH?
Edmund Davies LJ:
- Unlawful act causing death cannot render manslaughter verdict inevitable
- Needs an OBJECTIVE assessment of whether D’s actions might cause harm
In what case did a 3 year die from a fall downstairs?
MACKIE 1973
- D threatened step son with severe lashing
- Boy tried to run away but fell downstairs and dislocated neck and died.
- D charged with manslaughter - upheld by CofA
- Although accepted that D could punish child, the threat made was seen as excessive
- Objectively, a reasonable person could have foreseen the danger of the threat
In what case was a 3-month old baby thrown?
WOOLLIN 1999
- 3-month baby thrown onto floor and fractured skull and died
- Convicted of murder - upheld by CofA
- HoL reduced to manslaughter. Direction provided to jury had widened the MR and so made conviction unsafe.
In light of WOOLLIN what guidence should the judge make to the jury?
In cases of murder, where simple direction is not enough, they are not entitled to infer necessary intention
In what case was sexual infidelity permitted for Loss of Control
CLINTON 2012
- Both D and V (married) suffered depression and on medication
- Trial separation, wife left. D left with children
- V started affair - informed D
- D invited V to family home while children away.
- In HEAVILY INTOXICATED STATE D killed V with wooden baton and then strangling with belt.
- Judge did not allow loss of self control due to sexual infidelity
How did CLINTON appeal?
Claimed:
- Wife spoke of sexual infidelity with 5 men
- Mocked D for visiting a suicide website
- said no longer wanted children
- HoL - what was said amounted to extremely grave character and gave D justified sense of being wronged
What happened in MAJEWSKI?
- Took significant quantity of drugs over 48 hour period
- Went to pub and got into fight
- Landlord, then police tried to breakup the fight
- After arrest, attacked Police Inspector the following day in his cell
- 4 Counts of ABH and 3 of assualting a police officer
- HoL could not rely on intoxication as a def
- As assault occasioning ABH (S47) has basic intent, could not claim that unable to form MR due to intoxiacation as a defence.
In what case did a stalker follow an ex-colleague?
CONTANZA
- Stalked ex-colleague for 20 months
- Over 800 threatening letters
- would follw her home, wrote an offensive word on her door, drove past her house and stole washing from her line.
- V suffered clinical depression
- charged with ABH under S47
- CofA upheld convition - immediacy present and words can amount to assault.
What case did V kill a child through a fire?
NEDRICK
- D held grudge against V
- Poured paraffin into letterbox and set light to it
- Child died in fire
- Convicted of murder after direction from judge which gave impression that they could infer intention
- CofA - Jury should feel that death or a serious injury is a virtual certainty for murder. Substitued with manslaughter
In which case did a projectionist borrow films?
LLOYD
- Chief projectionist at cinema
- D took films and lent to associates to copy and distribute, then returned to cinema
- Convicted of conspiracy to steal
- Appealed and conviction quashed. No intention to permanantly deprive and no loss in value or usefulness
In which case was there a death on a level crossing?
PITWOOD
- D employed to man gate at level crossing
- Opened gate for a cart to pass, left gate open and went to lunch
- Train later collided with horse and cart as gate left open
- D liable for death of train driver in collision - guilty of manslaughter by omission
