When considering whether to apply the law on causation, it must be considered whether there is a ___ between the ___ and the ___.
Link between the actions and the consequence
1 of 17
What is the highest level of mens rea for murder?
Express malice aforethought
2 of 17
True or false: murder is limited to the intention to kill?
False
3 of 17
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 extremely grave character
4 of 17
For the special defence of diminished responsibility, the defendant must prove that they were suffering from an abnormality of...?
Mental functioning
5 of 17
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 Coroners and Justice Act 2009
6 of 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
7 of 17
What is the actus reus for unlawful act manslaughter?
A dangerous, unlawful act which causes death
8 of 17
Which statement is true in regards to unlawful act manslaughter?
Supplying drugs will not cause death; administering drugs will
9 of 17
True or false: murder is a common law offence?
True
10 of 17
True or false: a killing will still be unlawful if it is in self defence?
False
11 of 17
Implied malice aforethought means...?
The intention to cause GBH
12 of 17
Which case approved the ruling in R vs. Woollin about the "virtual certainty" test?
R vs. Matthews and Alleyne
13 of 17
Was the D in R vs. Ahluwalia successful in relying upon their special defence?
No
14 of 17
s.54(4) CJA 2009 tells us that a D cannot rely on loss of control if there is...?
A considered desire for revenge
15 of 17
What is the maximum custodial sentence for voluntary manslaughter?
Discretionary life sentence
16 of 17
True or false: in regards to unlawful act manslaughter, only the mens rea for the unlawful act is required?
True
17 of 17
Other cards in this set
Card 2
Front
What is the highest level of mens rea for murder?
Back
Express malice aforethought
Card 3
Front
True or false: murder is limited to the intention to kill?
Back
Card 4
Front
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...?
Back
Card 5
Front
For the special defence of diminished responsibility, the defendant must prove that they were suffering from an abnormality of...?
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