Criminal law
18 important questions on Criminal law
Types of voluntary manslaughter
2. diminished responsibility
3. provocation
R v Tandy [1989] - intoxication and diminished responsibility
To reply on diminished responsibility you have to demonstrate? - s.52 of the Coroners and Justice Act 2009
2. Provides an explanation for the defendant’s acts or omissions in being party to the killing.
3. Which substantially impaired his/her mental ability to either:
a) Understand the nature of their conduct
b) Form a rational judgement
c) Exercise self–control
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R v Byrne (1960) - diminished responsibility - Abnormality of the mental functioning
Three elements of involuntary manslaughter (constructive manslaughter)
2. The unlawful act must be dangerous
3. The unlawful dangerous act must cause death
R v Fenton (1830) - involuntary manslaughter
Held: The tort of trespass was sufficient to constitute an unlawful act for the purposes of constructive manslaughter.
R v Lamb [1967] - unlawful act in involuntary manslaughter
Andrews v DPP [1937] - unlawful acts in manslaughter
Held ;manslaughter
R v Larkin (1942) - Dangerous in manslaughter
Held; involuntary manslaughter
Actus Reus of Rape
Elbekkay[1995] - sexual offences
Bree [2007] - sexual offences
Larter and Castleton [1995] - sexual offences
Mens Rea of Rape - sexual offences
2. Lack of reasonable belief in the victim's consent
R v B (2006) - sexual offences
DPP v Morgan [1976] - sexual offences
R v Woods (1982) - sexual offences
Self defence - triggering conditions
2. reasonableness - response was proportionate
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