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Fatal Offences - Coggle Diagram

- - - - Substantially Impairing Ds ability to:
        
        'Substantially' - important and weighty
        
        R v Golds
        
        'Substantially' - not total, more than minimal
        
        R v Lloyd
        
        Form a rational judgement
        
        Understand the nature of their conduct
        
        Exercise self control
        
        R v Byrne
      - Provides an explanation for their act/omissions
        
        Significant link between AMF and conduct that caused the death
        
        R v Osbourne
      - Arising from a recognised medical condition
        
        Post natal Depression
        
        R v Reybolds
        
        Major Depression
        
        R v Gittens
        
        Battered Woman Syndrome
        
        R v Ahluwalia
      - Intoxication
        
        Cannot form the basis of DR
        
        R v Dowds
        
        Cannot be considered by jury, must consider AMF as a whole
        
        R v Dietschmann
        
        Can be considered if ADS causes AMF
        
        R v Wood
      - Abnormality of Mental Functioning
        
        So different from a normal person, that a reasonable person would deem it abnormal?
        
        R v Byrne
- - - - Must be serious risk of death, more than minimal, risk of injury or illness is not enough
        
        R v Misra
    - - Behaviour judged by the standards of a reasonable person
    - - Fallen below the standard of a reasonable person
      - 'Reasonable Person' - someone who completes a task competently
        
        Blyth v Birmingham WaterWorks Co
    - - Factual causation - But for
      - Legal Causation - substantial cause
      - No intervening act/break in the chain of causation
    - - R v Stone and Dobinson
        
        Teacher - Student
        
        Parent - Child
        
        Landlord - Tenant
        
        Employer - Employee
        
        Doctor - Patient
      - Where it is too complicated to establish a DOC, courts can look at the facts and consider whether it was reasonably foreseeable that Ds conduct would kill V
        
        R v Khan and Khan
    - - So bad it amounts to criminal act or omission
        
        R v Adomako
      - R v Sellu
- - - - Cannot be a Foetus
        
        A-G Ref (No 3 of 1994)
      - Cannot be a brain dead person
        
        R v Malcherek and Steel
    - - Cannot be the Killing of an enemy soldier in war
        
        R v Blackman
    - - Must be Factual and legal causation
      - Factual - 'but for' test
        
        R v White
      - Legal - reasonable foreseeability
        
        R v Smith
        
        R v Cato
      - Cannot be an intervening Act
        
        R v Roberts
    - - British Courts have jurisdiction of all murder and manslaughter cases committed in any country by a British Citizen
        
        s9 OAPA 1861
    - - Cannot be Self Defence
        
        R v Clegg
      - Cannot be the killing of an enemy soldier in war
        
        R v Blackman
      - Cannot be consented to
      - Cannot be medical intervention
        
        Re A
    - - Express - Intention to Kill
        
        Oblique Intent - death was virtually certain, and D knew this
        
        R Woolin
        
        Direct intent - aim/objective to kill
        
        R v Shipman
        
        R v Mohan
      - Implied - intention to cause GBH
        
        Direct intent - aim/objective to cause GBH
        
        R v Vickers
        
        Oblique intent - GBH was virtually certain and D knew
        
        R v Woolin
      - Transferred Malice
        
        If you kill the wrong person, malice is transferred
        
        R v Gnango