Fatal offences (homicide)

Implied malice- murder

R v Vickers/ R v Cunningham

GBH is sufficient MR for murder

Sexual infidelity- loss of control

R v Clinton

Sexual infidelity is not enough for LOC

There must be a total loss of control

R v Jewell

There must be an abnormality of mental function- Diminished responsibility

R v Byrne

Impairment must be substantial

R v Golds (2016)

Alcohol is not allowed for diminished responsibility

R v Dietschmann

No initial assult means no UAM

R v Lamb

Dangerousness test UAM

R v Church

• Definition: The unlawful act must be one that all sober and reasonable people would recognize carries the risk of some harm.

• The Standard: It is an objective test (the defendant’s actual state of mind doesn't matter).

• Level of Harm: Does NOT need to be serious harm (GBH); "some harm" (minor) is enough.

• Type of Harm: Must be physical harm, not just emotional shock (R v Dawson).

There is no need to foresee harm- UAM

R v Newbury and Jones

GNM test

R v Adomako

1. A Duty of Care Existed

2. Breach of that Duty

3. Reasonably Foreseeable Risk of Death

4. The Breach Caused the Death

5. Gross Negligence (The "Jury Test")

“grossness” test

R v Bateman

Behaviour which show such disregard for the life and safety of others as to go beyond a mere matter of compensation and amount to a CRIME AGAINST THE STATE.