Elements for each crime.

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toricazaly
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276635
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Elements for each crime.
Updated:
2014-06-11 14:51:35
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  1. Unlawful act Manslaughter
    • There must be an unlawful act
    • - civil wrong is insufficient - Franklin 1883
    • Omission is insufficient - Lowe 1973
    • Not liable if V didnt fear violence-
    • This unlawful act must be dangerous - Church
    • Doesn't need to be against a person - Goodfellow
    • D's act can endanger someone other than original person suffering harm - Mitchell
    • Not liable if D or reasonable person can not be aware of condition - Dawson 1985
    • Not liable if other factors contirbuted - Carey 2006
    • Causing the death - causation
    • Self injection breaks chain - Kennedy 2007
    • But self injection can be liable if only occured because of D - Rogers 2003
    • They have the MR for the unlawful act (not the killing)
  2. Grossly Negligent Manslaughter
    • Duty of care - defined in donoghue V stevenson 1932
    • There must be a breach in the duty - Litchfield
    • Duty owed even through criminal enterprise - Waker
    • Must be proof of causation
  3. Duress of Threats
    • Type of threat - death/PI - Valderrama Vega
    • Toward who? - anyone they feel responsible for - Wright
    • Specific Threat - Cole
    • Timing of threat - immenent? Immediate?
    • Subjective test - Did the D reasonably believe that the threat of death was real or serious person injury was real? - Mistaken belief is ok - Caines
    • Objective - would a sober person of reasonable firmness sharing D's characteristics - Bowen says age, gender, pregnacy, recognised medical condition and serious physical disability NOT IQ)
    • Exclusion - Not available to Murder - Howe
    • Not available to attempted Murder - Gotts
    • Did D knowingly associate with known criminals - Hasan.
  4. Automatism
    • 1)There must be total loss of control or act was involuntary - AG ref (No2 of 1992)
    • 2) External factor - Quick
    • - Role of stress is troubling to courts - T
    • - Sleep walking is no longer - Burgess
    • - Sexsomnia is now allowed for automatism - Johnson 2007.
    • 3) The Automatism state must not be self-induced
    • - Exception occurs when D doesn't know his act could lead to an automatic state and he has not been reckless - Hardie
  5. Insanity
    • 1) A defect of reason
    • - Requires an impairment of reasoning
    • - Must be more than mere absent mindedness or confusion - Clarke.
    • 2) a disease of the mind
    • - legal term covering physical and mental conditions - Kempt
    • - Must be an internal factor and existing at the time the D acted - Hennessy
    • - Can be sleepwalking- Burgess
    • 3) Not knowing the nature or quality of the act that legally wrong
    • - No defence if D knows that what they are doing is legally wrong, even if they have a mental illness - Windle 1952
    • - May be due to a state of unconsiousness or impaired consciousness
  6. Causation
    • Factual causation - 'But for' - sine que non - White
    • Legal causation - de minimus - more than trivial - Kimsey
    • Objective test - Smith and Cheshire
    • Breaks in the chain
    • Acting in a foreseeable way doesnt break chain -Roberts
    • Unforeseable way may break chain - Williams
    • Must take V as you found them - Blaue and Mamont Klaulang
    • Self neglect doesnt break chain even if extreme - Holland 1841
    • Deliberate voluntary act of V can break chain - Kennedy
    • Third party actions usually dont break chain - Pagett
    • Medical treatment rarely breaks chain - Jordan 1966
    • Turning off the life support machine not break chain - Malcherek

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