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A-Level Law AQA Paper 1 Contract Law Exam Comprehensive Review
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A-Level Law AQA Paper 1 Contract Law Exam Comprehensive Review
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A-Level Law AQA Paper 1 Contract LawExam Comprehensive Review
AR of murder - Answer>> Unlawfully cause death of a human
being
Under Queen's Peace r v clegg
Not a fetus R V Copeland
Causes death r v malcherek
Act or omission r v gibbons and proctor
MR of murder - Answer>> malice aforethought
Intention to kill or cause GBH r v Vickers
direct intent- intent to bring about consequence r v mohan
oblique intent- virtually certain consequence r v woolin
Loss of Control Test - Answer>> s.54/55 coroners justice act
2009
D must lose self control:
not immediate r v dawes
cant be for revenge r v ibrahms
qualifying trigger:
fear- of serious violence against d or another r v ward
anger- things said or done of an extremely grave character giving
d the justifiable sense of being wronged r v Clinton
age and sex:
someone of ds age and sex with a normal degree of tolerance
would've acted the same way r v camplin
diminished responsibility - Answer>> S2 Homicide Act 1957
d has abnormality of functioning arising from a recognised
medical condition:
depression r v martin
battered woman syndrome aluwalia
pre menstrual syndrome English
, irresistible impulses r v byrne
which substantially impairs ds ability to:
form a rational judgement martin
understand nature of their conduct English
exercise self control bryne not total- Lloyd
the abnormality explains ds part in the killing:
not intoxication r v dietchsman
Unlawful Act Manslaughter - Answer>> victim dies as a result of
ds unlawful act
needs to be a criminal act:
r v lamb
act needs to be dangerous:
sober and reasonable man recognises risk of harm r v church r v
jm+sm
causation:
but for- must cause death cato
operative and substantial r v smith
Mr of criminal act:
doesn't need to forsee result newbury and jones
Gross negligence manslaughter - Answer>> victim died as a
result of ds negligence
duty of care:
take reasonable care of neighbour adomako donaughue and
Stevenson
breach of duty:
omission
causation:
but for, operative and substantial
criminal:
negligence must be regarded as showing such disregard for life
bateman
risk of death misra
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