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6. Loss of control is set out under which section of the Coroners and Justice Act 2009?

  • 56
  • 54
  • 53
  • 45

7. What is the highest level of mens rea for murder?

  • Express malice aforethought
  • Malice
  • Implied malice aforethought
  • Malice aforethought

8. Implied malice aforethought means...?

  • No intention to cause harm
  • The intention to kill
  • The intention to cause GBH
  • The intention to cause slight harm

9. True or false: murder is limited to the intention to kill?

  • False
  • True

10. What is the actus reus for unlawful act manslaughter?

  • A dangerous, unlawful act which causes death
  • An unlawful act which causes death
  • A dangerous act which causes death
  • Death caused by an unlawful act

11. The special defence of diminished responsibility originally came from s.2 of the Homicide Act 1957. Which legislation is the defence currently set out under?

  • s.52 Offences Against the Person Act 1861
  • s.52 Coroners and Justice Act 2009
  • s.52 Criminal Justice Act 2009
  • s.52 Criminal Justice Act 2003

12. Which case approved the ruling in R vs. Woollin about the "virtual certainty" test?

  • R vs. Matthews and Alleyne
  • R vs. Mohan
  • R vs. Vickers
  • R vs. Cunningham

13. For the special defence of diminished responsibility, the defendant must prove that they were suffering from an abnormality of...?

  • Mental functioning
  • The mind
  • Mental processing
  • Brain functioning

14. What is the maximum custodial sentence for voluntary manslaughter?

  • 50 years
  • 25 years
  • Discretionary life sentence
  • Mandatory life sentence

15. Was the D in R vs. Ahluwalia successful in relying upon their special defence?

  • No
  • Yes

16. True or false: a killing will still be unlawful if it is in self defence?

  • False
  • True

17. The ruling in the case Dietschmann tells us what?

  • For diminished responsibility with intoxication, the intoxication must be separated and the special defence applied
  • None of these answers
  • For loss of control with intoxication, the intoxication must be separated and the special defence applied
  • Diminished responsibility cannot be relied upon if intoxication is involved

18. True or false: murder is a common law offence?

  • True
  • False

19. In which case was the D found not guilty of unlawful act manslaughter, as there was no unlawful act?

  • R vs. Church
  • R vs. Lamb
  • R vs. Khan and Khan
  • R vs. Franklin

20. For the anger trigger (loss of control), the objective test says that the things said/done under s.55(4) CJA 2009 must be of...?

  • An unnecessary character
  • An extreme character
  • An extremely grave character
  • A grave character