Murder: Unlawful Killing of a human being under the King's peace with Malice Aforethought, R v Malcharek & Steel - Brain death occurs when the Brain stem dies, D can be guilty where they intend to inflict GBH (R v Vickers), R v Matthews & Alleyne - Jury may find intention where death is VC from D's act, A-G's ref - Life begins when foetus is independent of , R v Clegg - Excessive self defence is not a defence to Murder, Diminished Responsibility: R v Byrne - Abnormality of Mental Functioning is a state of mind so different that it would be deemed abnormal by the RM, WHO's ICHD and APA's DSM provides a list of Medical conditions, Egan & Golds - Substantial impairment is more than trivial but less than total, The AMF must be the SC to V's death, Where D killed whilst intoxicated, it must be shown D would have killed due to AMF despite intoxication, R v Dietschmann - D would have killed despite being Intoxicated, Loss of Control: R v Jewell - D must lose the ability to act with considered judgement and powers of reasoning, R v Lodge - D feared serious violence from V, R v Zebedee - V's act would not give D a justifiable sense of being seriously wronged, nor were they extremely grave, It must be shown another person of D's age and sex may respond in the same way, R v Clinton - Sexual infidelity can be a trigger if it is accompanied by another trigger., Where D incited the serious violence or thing said or done, this will be an excluded matter., UAM: An Unlawful Act must be a Criminal Act, not Tort or Omission (Franklin & Lowe), R v Church - An act is dangerous if a sober and RM would recognise the risk of some harm, R v Dawson - Where the sober & RM would not foresee a risk of harm, D is not guilty, R v Carey - D not guilty as their battery did not cause V's death, R v Lamb - D not guilty as he did not have the MR for his Unlawful Act, R v JM & SM - Sober and RM would foresee some risk of harm, but does not need to foresee exact harm caused, GNM: R v Adomako - D is guilty of Manslaughter where they are so negligent that it warrants punishment, R v Instan - Where D voluntary assumes responsibility, and fails to perform it D is Guilty, R v Wacker - Criminals owe each other a DoC in Criminal Law, R v Dalloway - But for holding the reins, V would have died anyway, R v Bateman - To Be guilty, D must show disregard for the life & safety of others , Misra and Srivastava - There must be an obvious risk of death,

Fatal Offences

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