Economics 3364A/B Study Guide - Quiz Guide: Fresh Evidence, Domestic Violence, Homicide
25 Oct 2020
School
Department
Course
Professor
Document Summary
Challen [2019] ewca crim 916 woman convicted of murdering her husband and the conviction was overturned due to fresh evidence of domestic abuse and personality disorder. Partial defences of murder do not apply to other offences. Involuntary manslaughter manslaughter without the intent to cause death or gbh. D completes the actus reus for homicide but does not intend to kill of cause gbh. Unlawful act" manslaughter: gross negligence manslaughter, reckless manslaughter. Controversy: the one-punch killer" (issue that there is no requirement to foresee that death could occur beyond the act, the punch) The dangerousness requirement: objective requirement: from the perspective of sober and reasonable bystander, would have perceived the prospect of some harm (dawson, 1985 & watson, It is immaterial whether d knew or realised the risk of some harm: dishonesty. S 2 theft act 1968 sets out when a person is not dishonest: S 2(1)(a) d believed he was a legal right to deprive the other of it.
