marigoldafonso's version from 2016-03-25 14:00

Section 1

Question Answer
Moloneyto be guilty of murder, must have intention to kill or cause GBH
2 categories of MS1. Vol - murder and mitigating factor 2. Invol- Ar of homicide + mr less than malice
Vol MSD killed but there is a partial defence which reduces the crime to manslaughter
LOCSee ss54 of the Act
Clinton Parker and EvansS54(3) takes into regard all the circumstances, thus may take into account sexual infidelity
DRS2 of the Homicide Act as amended by s52 of the Coroners and Justice Act 2009
1 (a)1. understand nature of the act 2. form a rational judgment 3.exercise self-control
Dowds; Dietchsmann alcohol involved, can be used if alcoholism
Byrne Abnormality of mental functioning, must be recognised mental condition

Section 2

Question Answer
Involuntary MSAr of homicide MR less than malice
Unlawful and dangerous act ms1. unlawful act, intentionally performed 2. circumstances rendering it dangerous 3.causing death
Lambact must be a crime
Arobiekebase crime must be proved in full
Churchbase crime must be of MR
Watsonact need not be directed at V
Newburyobjectively dangerous
Dawsonphysical not emotional harm, frailty of v may be relevant

Section 3

Question Answer
Subjective recklessness MSForesaw serious and significant risk that v would suffer serious injury and took risk
Lidarleading case

Section 4