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19 Cards in this Set
- Front
- Back
Year and day rule |
Causation |
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Absence of a body |
Causation |
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Jurisdiction of an Irish court |
Offences Against a Person Act, 1861 gives the Irish courts jurisdiction to try an Irish citizen for murder regardless of where it occured |
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Mens rea |
S. 4 of Criminal Justice Act 1964 |
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CL offence of murder, statutory changes |
1) A year and a day rule abolished |
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Novus Actus Interviniens (NAI) |
Will break the chain of causation between the act or omission and the death |
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Penalty and sentencing |
Indictable offence which carries life sentence |
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General principles of causation |
R v Pagett (D used pregnant girlfriend as shield during shooting with police. Started shooting at police who fired back in self-defence and killed girl. D convicted of manslaughter) |
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Medical treatment as intervening cause (NAI) |
R v Smith (Fight at army barracks, soldier stabbed other soldier. Dropped twice on the way to the medics, who failed to notice that lung was punctured. Still convicted of murder) R v Jordan (also stab wound. Admitted hospital. Wounds almost healed when negligent treatment caused phenomonia. Original wound was not critical and substantial cause of death so no murder here) |
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DPP v Dunne |
Victim shot in the head in parking lot. In vegetative state for two years. Doctor had after consultation with family agreed on non-resuscitation. Defence not allowed, still contributed to death in more than a minimal way |
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Neglect by the victim |
R v Flynn (Victim died four days after assault without seeking medical assistance. Victim continued his normal life, unless victim does something unusual, behavior of victim won't exonerate the accused ) |
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DPP v Doohan |
A inflicted a punishmentbeating on B intending that B would receive broken legs or arms; A said he didnot want B to be killed but wanted him so badly injured that he would behospitalised for a few weeks. The Court held that there was mens rea for murder. |
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R v Nedrick |
Held grudge. Set mail box on fire. Small boy. Foreseeable that would happen so guilty. |
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Defences which would reduce murder to manslaughter |
1) Provocation |
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Criminal negligence |
# Only applies to manslaughter |
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R v Adomako |
Sets out three stage test for criminal negligence: |
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Types of manslaughter |
Voluntary (Actus reus and mens rea present but successfully argues any of the 3 defences) |
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Criminal & dangerous act |
Involuntary manslaughter |
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Breaches of duty of care |
Involuntary manslaughter: |