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Fatal Offences - Coggle Diagram
Fatal Offences
murder
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old rules
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jurisdiction - offences against person act 1861 s9 - can trial irish citizen even if committed murder abroad
general principles
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novus actus interveniens
R v Smith fight on military base, stabbed with bayonet, dropped on way to medical, not proper medical treatment - at time of death original wound existed and the substantial cause of death
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R v Jordan wound almost healed, given drug allergic too - was medical intervention would have healed if not for drugs
DPP v Dunne, shot in coma for 2 years, pulled the plug, treatment lawful and proper, more than minimal
mitigation by victim
R v Flynn fight, deceased goes to pub after, collapses after, better chance of survival if went to hospital straight away - but leading cause still rock thrown -
R v Blaue jehovah witness, take victim as you find them
fear
R v Boswell running from assailant, in fear of being hurt - reasonable fear
mental element
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DPP v Doohan inflicted punishment beating, death not intention but hospitalised ended up dying - mens rea present
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R v Moloney can infer intent if natural consequence of voluntary act and if they foresaw it as natural consequnce
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manslaughter
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involuntary
assault manslaughter
R v Wild kicked person once, victim died - no intention to cause serious harm but act unjustifiable - manslaughter
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criminal negligence
Dunleavy driving slowly without lights on wrong side of road - negligence must be of very high degree - any reasonable driver would realise fatality high degree of risk or likelihood of personal injury to others
DPP v Cullough fair ride in field, collpases, convicted for manslaughter - failed in duty owed to deceased
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england
seymour - if create obvious and serious risk, no though about possibility of risk or recognise existence of such risk but nevertheless takes it
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road traffic act 1961
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s53 dangeous driving
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10 years fine up to 20,000
People v Quinlan
driving in manner reasonable prudent motorist would see as direct and serious risk of harm to the public - lower standard of neglignce then for manslaughter
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