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Fatal Offences - Coggle Diagram

- - - - The killing must be a voluntary act or omission.
    - - This means there would be no defence for the defendant.
    - - "human being" means a living person. Cannot be charged for killing a foetus (A-G Ref No3 1994) as it hasn't taken its own independent breath.
    - - Killing an enemy in the course of war is not murder (R v Blackman)
  - - - Victims own actions can also cause a break in causation. R v Roberts
- - - - Doesn't need to be a sudden loss but at some point the defendant must loose all control. R v Jewell
    - - The fear trigger (S55(3))
        
        Fear of serious violence from the victim. R v Ward
      - The anger trigger (S55(4))
        
        Can be done or said by the victim that constituted circumstances of an extrmeley grave character. R v Bowyer
    - - Would someone with these characteristics have reacted the same way. R v Camplin
- - - - This must be provide an explanation for D's actions and omissions. R v Byrne
    - - R v Gittens- Depression
      - R v Hobson- battered spouse syndrome
      - R v Swann- intoxication can only be used if it enhances another issue.
    - - Form a rational judgement
      - Exercise self control
      - Understand the nature of their conduct
      - Substantially is defined in R v Lloyd as more then trivial but less then total.
    - - Must be a significant link between the mental functioning and the conduct that resulted in death.