murder, voluntary manslaughter, unlawful manslaughter, gross negligence manslaughter

Lord coke

Defined murder- the unlawful killing of a reasonable person of being in being under the kings peace with malice afterthought

Re A (conjoined twins) 2000

Example of lawful killing

A-G reference (no.3 1994) 1997

Foetus is not a reasonable person in being

Vickers 1957

Intent to cause GBH is enough for mens Rea of murder

Asmelash 2013

Voluntary intoxication cannot form part of ds circumstances when considering a defence of loss of control

Lloyd 1967

For diminished responsibility ‘substantial impairment’ doesn’t mean total not trivial or minimal- something in between

Golds 2016

For diminished responsibility ‘substantial impairment’ must be more than trivial but not every case that is more than trivial will meet standard of substantial

Byrne 1960

Provides definition for abnormality of the mind

Dietschmann 2003

Intoxication and abnormality of mental functioning may constitute diminished responsibility (adjustment disorder)

Wood 2008

Alcohol dependency syndrome(ADS) can constitute an abnormality of mental functioning

Stewart 2009

Set out 3 stage test for ADS as a cause of abnormality

Dowds 2012

Voluntary intoxication alone cannot constitute diminished responsibility

Jewell 2014

D must have ‘lost it’ or ‘snapped’, acting out of character is not enough

Ward 2012

Fear of serious violence can be toward another, not necessarily d

Dawes 2013

Fear of serious violence is not viable where d instigated offence

Zebedee 2012

Qualifying trigger must a) constitute circumstances of extremely grave character and b) d must have a justifiable sense of being wronged

Hatter 2013

Breakdown of relationship not usually a qualifying trigger for loss of control

Bowyer 2013

A sense of being seriously wronged cannot exist where d initiated the offence

Clinton 2012

Sexual identity alone is not a trigger but can be considered where it forms an essential part of context where other triggers also exist

Lamb 1967

A complete criminal act must take place for unlawful act manslaughter to be proven

Lowe 1973

Omissions can’t constitute an act under unlawful act manslaughter

Larkin 1943

The unlawful act must be dangerous according to an objective test

Newbury and jones 1976

D must have mens Rea for unlawful act but doesn’t need to realise act is unlawful or dangerous

Broughton 2020

Restated the necessary tests involved in gross negligence manslaughter

Singh 1999

A duty of care can be contractual (boat)

Wacker 2002

A duty of care can be taken on voluntarily

Bateman 1925

Negligence alone is not enough, the negligence must be gross

Litchfield 1998

A duty of care can be contractual

Misra and another 2004

For the negligence it be gross, the jury must decide whether ds conduct was seriously negligent in relation to risk of death