1. Under s.54 Coroners and Justice Act 2009, what reasons can D not be convicted of murder?
- 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.
- 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
- There is no qualifying trigger to make Murder a viable conviction
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Other questions in this quiz
2. What does Fenton (1975) say about self-induced intoxication?
- Self induced intoxication cannot produce an abnormality of the mind. Intoxication is not an inherent cause
- 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.
- Where self induced intoxication is the case, there must be a pre-existing history of alcohol dependency
- Alcoholism is not a valid condition where self induced intoxication is involving.
3. What is the Actus Reus of murder?
- Unlawful killing of a person in being
- Taking a life without lawful justification by a reckless act
- When life ends as a result of recklessness or an omission in the actions of D
4. What act covers the defence of 'Diminished Responsibility'?
- s.52 Coroners and Justice Act 2009
- s.136 Mental Health Act 1990
- s.52 Coroners and Justice Act 2011
- s.136 Mental Health Act 1983
5. What is the definition of Murder per Sir Edward Coke in the 1600s?
- Murder is when you kill someone in existance without any lawful reason
- Murder is when a person unlawfully kills a reasonable person who is under the King's/Queens Peace
- Murder is when an intended reckless act by an unreasonable person causes the death of a reasonable person
- Murder is when you kill someone until they die from it.