Homicide

Quiz on the types of homicide in UK cirminal law.

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1. What does Fenton (1975) say about self-induced intoxication?

  • Alcoholism is not a valid condition where self induced intoxication is involving.
  • Self induced intoxication cannot produce an abnormality of the mind. Intoxication is not an inherent cause
  • Where self induced intoxication is the case, there must be a pre-existing history of alcohol dependency
  • If the taking of a first drink was not involuntary, then the whole of the drinking on that day is not involuntary and as such, the defence will fail due to self induced intoxication.
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2. What is the Mens Rea of Murder?

  • Intention to kill or cause GBH (really serious harm)
  • With malice afterthought

3. Under s.54 Coroners and Justice Act 2009, what reasons can D not be convicted of murder?

  • Killing resulted from D's loss of self control, it had a qualifying trigger and whether a person similar to D would have reacted in the same way
  • The reasonable man should not be applied in the circumstances
  • If D was intoxicated at the time of the killing, he/she cannot be convicted of Murder.
  • There is no qualifying trigger to make Murder a viable conviction

4. What is the definition of Murder per Sir Edward Coke in the 1600s?

  • Murder is when a person unlawfully kills a reasonable person who is under the King's/Queens Peace
  • Murder is when you kill someone until they die from it.
  • Murder is when an intended reckless act by an unreasonable person causes the death of a reasonable person
  • Murder is when you kill someone in existance without any lawful reason

5. What does Tandy [1989] say about alcoholism giving rise to diminished responsibility?

  • It is only capable if it either causes damage to the brain or produces an irresistible craving that consumption is involuntary
  • It only becomes a valid defence when you drink habitually
  • It's never a valid defence to be an alcoholic due to the support services available
  • Defence fails if you are not medically recognised as being an alcoholic

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