Homicide

Quiz on the types of homicide in UK cirminal law.

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1. What are the three partial defences?

  • Loss of self control, Diminished Responsibility, Suicide Pact
  • Suicide Pact, Diminished Responsibility, Intoxication
  • Diminished Responsibility, Loss of Self Control, Negligence
  • Loss of Self Control, Suicide Pact, 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. 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
  • 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.
  • 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.

4. In relation to D's substantial impairment of rational judgment, exercise of self control and understanding the nature of D's conduct, what does R v Lloyd (1967) say in regards to impairment?

  • It is not a question for neither jury nor judge, but for that of a medical expert in the field to define whether the impairment was more than trivial
  • It is a case of the severity of the impairment, insufficient impairment would not count towards a defence
  • It is a question for the jury - doesn't have to be total impairment but it must be more than trivial
  • It must be considered that it has to be more than trivial but not necessarily that of total impairment or retardation of mental development

5. Under the legislation covering Diminished Responsibility, what can stop a murder conviction?

  • Abnormality of mental functioning which arose from a recognised medical condition.
  • Abnormality of mental functioning which removes D's logical reasoning to act in a way which the reasonable man would
  • Abnormality of mind (whether arising from a condition of arrrested or retarded development of mind or any inherent causes or induced by disease or injury)
  • Abnormality of mind which substantially impaired his mental responsibility for his acts and omissions in doing or being a party to the killing

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