OCR Law A Level Paper 1 Section B

What is the definition of murder?

Unlawful killing of another human being under the Queen's peace with malice aforethought, express or implied.

What are the two types of mens rea in murder?

Express malice (intention to kill) and implied malice (intention to do some harm).

What constitutes the actus reus of murder?

Unlawfully killing another person.

How is a human being defined in the context of murder?

A human being is defined as having existence independent of its mother (afterbirth) until brainstem death.

What is the doctrine of double effect in relation to murder?

It allows for the acceleration of death in palliative care if the acceleration is a by-product of treatment.

What was established in the case of Inglis regarding mercy killings?

Mercy killings are illegal, as shown when a mother killed her brain-injured son.

What is the significance of the Law Reform (Year and a Day Rule) Act 1996?

It abolished the requirement that death must occur within a year and a day of the actus reus for murder.

What is child destruction?

Killing an unborn child, as seen in the case of R v Copeland.

What is infanticide?

Killing of a child by its mother within one year of birth, treated similarly to manslaughter.

What is diminished responsibility?

A partial defense that reduces a murder conviction to manslaughter if the defendant was suffering from an abnormality of mental functioning.

What is the reverse burden of proof in diminished responsibility cases?

The defendant must prove on the balance of probabilities that they had diminished responsibility.

What are some recognized medical conditions that can lead to diminished responsibility?

Conditions include psychopathy, PTSD, schizophrenia, and battered wife syndrome.

What does 'substantially impaired' mean in the context of diminished responsibility?

It refers to a significant reduction in the defendant's ability to understand their conduct, form rational judgment, or exercise self-control.

What is the significance of the case of Dietschmann regarding alcohol and diminished responsibility?

Diminished responsibility applies if the defendant was already suffering from an abnormality before drinking and then committed the act.

What is the role of the jury in determining diminished responsibility?

The jury decides whether the killing was due to the defendant's abnormality of mental functioning.

What is the implication of the case of Gibbins and Proctor in relation to omission?

Parents can be liable for murder for failing to feed their child, highlighting the rules on omission.

What does the term 'constructive liability' mean in the context of murder?

It refers to the lack of correspondence between the mens rea and actus reus in murder cases.

What is the significance of the case of Nicklinson regarding assisted dying?

The Supreme Court ruled that it is the job of elected parliament to decide on assisted dying, not the courts.

What is the legal definition of 'malice aforethought'?

It refers to the intention to kill or cause serious harm in the context of murder.

What does the term 'acceleration of death' imply in murder cases?

It is still considered murder if a person's death is accelerated, unless it falls under the doctrine of double effect.

What does 'actus reus' mean?

It refers to the physical act of committing a crime, in this case, the unlawful killing of another person.

What is the legal outcome of the case Coutts V regarding erotic asphyxiation?

Neither party was considered for manslaughter instead of murder, indicating complexities in consent and liability.

What is the significance of the case of Re A regarding conjoined twins?

Doctors had to separate conjoined twins knowing one would die, raising questions about self-defense and the doctrine of double effect.

What must a person demonstrate to avoid a murder conviction due to diminished responsibility?

The person must show they were suffering from an abnormality of mental functioning arising from a recognized medical condition.

What is the significance of the case Campbell in relation to diminished responsibility?

A retrial was ordered after epilepsy was not considered in the first trial.

What does the term 'substantially impaired' refer to in the context of diminished responsibility?

It refers to the defendant's ability to understand the nature of their conduct, form a rational judgment, or exercise self-control.

What does the Coroners and Justice Act 2009 introduce regarding loss of responsibility?

It introduces a new framework for loss of control, replacing the common law defense of provocation.

What are the qualifying triggers for loss of control under Section 55?

Fear of serious violence by the victim against the defendant or another person, and anger from things said or done that constitute extremely grave circumstances.

What is the burden of proof regarding the defense of diminished responsibility?

The burden of proof is on the Crown to disprove the defense beyond a reasonable doubt.

How does the case of Ahluwalia relate to loss of control?

Ahluwalia could not use provocation as a defense because the time between her husband's threat and her act of murder highlighted flaws in the provocation defense.

What does Section 54 (1) state about loss of control?

A person is not to be convicted of murder if their act or omission in the killing resulted from a loss of control.

What does the case of Dawes illustrate regarding loss of control?

Dawes showed no evidence of loss of self-control as he acted out of shock rather than anger.

What does Section 54 (2) say about the timing of loss of control?

Loss of control need not be sudden, as illustrated by the case of Ahluwalia.

What are the barriers to the defense of loss of control under Section 54 (4)?

Acting out of a considered desire for revenge or inciting things said or done to excuse violence.

What is the significance of the case of Zebedee in the context of qualifying triggers?

For something to be a qualifying trigger, it must be of extremely grave character and the defendant must have a justifiable sense of being seriously wronged.

What does the term 'RMC' refer to in the context of diminished responsibility?

RMC stands for 'Recognized Medical Condition' which must explain the defendant's actions.

What is the role of the jury in cases of diminished responsibility?

The jury decides whether the defendant's actions were due to an abnormality of mental functioning.

What does the case of Clinton highlight regarding loss of control?

In Clinton, sexual infidelity cannot be the sole reason for loss of control unless other features contributed.

What is the effect of voluntary intoxication on claims of diminished responsibility?

Voluntary intoxication alone does not constitute a basis for diminished responsibility.

What does Golds define as 'substantially' in the context of diminished responsibility?

'Substantially' is defined as 'important or weighty' in explaining the defendant's acts.

What does the case of Hatter illustrate regarding loss of control triggers?

The breakup of a relationship does not normally constitute circumstances of an extremely grave character.

What is the evidential burden in cases of diminished responsibility?

The defendant must raise the defense and provide sufficient evidence to support it.

What is the definition of involuntary manslaughter?

Unlawful killing where the defendant does not have the intention to kill or cause grievous bodily harm.

What must a defendant do to be guilty of constructive manslaughter?

The defendant must commit an unlawful act that is a crime.

In the case of Franklin, what was determined regarding civil wrongs?

A civil wrong is not sufficient to create liability for unlawful act manslaughter.

What was the ruling in Lamb regarding the shooting of a friend?

There was no criminal unlawful act as the friend did not fear violence from the defendant.

What does the case of Lowe illustrate about omissions in manslaughter?

An omission cannot create liability for unlawful act manslaughter.

What is the objective test for a dangerous act in manslaughter cases?

The act must be recognized by all sober and reasonable people as subjecting another to the risk of harm.

What does the Church case state about dangerous acts?

An act is dangerous if it subjects another person to at least the risk of some harm.

What was established in the case of R v JM and SM regarding foreseeability?

A sober and reasonable person only needs to foresee some harm, not a specific type, to be guilty.

In the context of manslaughter, what does the term 'qualifying trigger' refer to?

It refers to circumstances that can justify a loss of self-control, such as fear of serious violence or extreme provocation.

What does Section 54(2) state about loss of control?

Loss of control need not be sudden, as established in the case of Ahluwalia.

What is the significance of the case Zebedee in understanding qualifying triggers?

For a trigger to qualify, it must be of extremely grave character and cause a justifiable sense of being seriously wronged.

How does the case of Clinton affect considerations of sexual infidelity in loss of control?

Sexual infidelity alone cannot be a qualifying trigger unless other features contribute.

What is the 'objective test' for loss of control?

It considers how a person of the defendant's sex and age, with normal tolerance and self-restraint, might react.

What is the leading case for gross negligence manslaughter?

Adomako established the test for gross negligence manslaughter.

What is required to establish a duty of care in gross negligence manslaughter?

The Caparo v * test requires proximity, foreseeability, and it must be fair to impose a duty.

What does the case of Singh illustrate about duty of care?

A landlord can be liable for gross negligence if they fail to maintain property, leading to tenant deaths.

What principle was established in Wacker regarding duty of care?

A defendant can be liable for gross negligence even if the victim was involved in an illegal act.

What does the case of Evans demonstrate about creating a state of affairs?

A duty of care exists if the defendant creates a life-threatening situation and fails to act.

What constitutes a breach of duty in gross negligence manslaughter?

Any act or omission that falls below the standard of a reasonable person.

What does the term 'risk of death' refer to in gross negligence cases?

It considers whether the risk of death was obvious in the situation.

What is the significance of the case Batemen in gross negligence?

It established that gross negligence must be so severe as to warrant criminal liability.

What does the case of Misra and Srivastava clarify about gross negligence manslaughter?

It confirmed that the elements of gross negligence must be clearly laid out and do not breach Article 7 of the EUCHR.

What is the role of the jury in determining gross negligence?

The jury decides whether the negligence is so bad as to warrant criminal liability.

What is the legal definition of consent in the context of non-fatal offences?

Consent is when the victim agrees to suffer an injury, serving as a defense to certain non-fatal offences.

What constitutes murder?

Unlawful killing of another human being under the Queen's peace with malice aforethought, express or implied.

What is express malice?

Intention to kill.

What is implied malice?

Intention to do some harm.

What is the actus reus of murder?

Unlawfully kills another person.

What is the doctrine of double effect?

A principle allowing a doctor to accelerate death in palliative care if the acceleration is a by-product of treatment.

What is the significance of the case Inglis?

It established that mercy killings are illegal.

What does the Law Reform (Year and a Day Rule) Act 1996 state?

It abolished the requirement that death must occur within a year and a day of the actus reus for murder.

What is the burden of proof in diminished responsibility cases?

The defendant must prove diminished responsibility on the balance of probabilities.

What constitutes loss of control under the Coroners and Justice Act?

A person is not convicted of murder if their act resulted from a loss of control due to qualifying triggers.

What are the qualifying triggers for loss of control?

Fear of serious violence or anger from extremely grave circumstances causing a justifiable sense of being seriously wronged.

What is constructive manslaughter?

Unlawful killing where the defendant did an unlawful act that is dangerous and caused death.

What is gross negligence manslaughter?

Unlawful killing resulting from a breach of duty of care that leads to death.

What is the test for gross negligence established in Adomako?

The defendant's failure to notice a critical issue (e.g., disconnected oxygen tube) was considered 'abysmal'.

What is the Caparo test for duty of care?

It requires proximity, foreseeability, and it must be fair to impose a duty.

What is the significance of the case Wacker?

It established that a duty of care exists even if the victim was involved in an illegal act.

What is the role of the jury in gross negligence manslaughter cases?

The jury decides if the negligence is so bad as to warrant criminal liability.

What is the significance of the case Evans?

It established that a duty of care can arise when a defendant creates a life-threatening situation.

What is the definition of consent in legal terms?

Consent is when the victim agrees to suffer an injury and can be a defense to some non-fatal offenses.

What is the difference between direct and indirect intent?

Direct intent is the intention to bring about a specific result, while indirect intent involves foresight of a result occurring as a consequence of an act.

What is the significance of the case Vickers?

It established that implied malice can be inferred from actions that show intent to cause serious harm.

What is the role of motive in establishing mens rea?

Motive can provide context but is not necessary to prove mens rea.

What are the implications of the case Gibbins and Proctor?

Parents can be liable for murder for failing to provide basic needs, such as food, to their child.

What does the term 'actus reus' refer to?

The physical act of committing a crime.

What is the significance of the case Dowds?

It clarified that voluntary intoxication alone does not constitute a basis for diminished responsibility.

What is the significance of the case Dietschmann?

It established that diminished responsibility can apply if the defendant was already suffering from an abnormality before consuming alcohol.

What is the significance of the case Brown?

It confirmed that old cases and authority pre-2009 are still relevant in determining substantial impairment.

What is the role of the jury in determining loss of control?

The jury decides if the defendant's actions were due to loss of control based on the circumstances.

What is the significance of the case Hatter?

It established that a breakup of a relationship does not typically constitute a qualifying trigger for loss of control.

What is the significance of the case Zebedee?

It clarified that for a situation to be a qualifying trigger, it must be of extremely grave character.

What is the significance of the case Willoughby?

It established that some situations can be classified as both constructive manslaughter and gross negligence manslaughter.

What is the significance of Collins v Wilcock in relation to consent?

It established that people consent to 'everyday touching', making such contact lawful.

In which case was it determined that consent is not a defense to murder?

Consent is never a defense to murder.

What did the case of Donovan establish regarding consent?

It quashed a conviction for indecent and common assault because the victim consented to being caned for sexual gratification.

What are the accepted categories where consent may be a valid defense?

1. Dangerous exhibition 2. Rough horseplay 3. Sports and games 4. Lawful chastisement 5. Surgical interference/body adornment.