Homicide

Quiz on the types of homicide in UK cirminal law.

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1. 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
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2. Under the legislation covering Diminished Responsibility, what can stop a murder conviction?

  • Abnormality of mind which substantially impaired his mental responsibility for his acts and omissions in doing or being a party to the killing
  • Abnormality of mental functioning which removes D's logical reasoning to act in a way which the reasonable man would
  • Abnormality of mental functioning which arose from a recognised medical condition.
  • 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)

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

  • 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 a person unlawfully kills a reasonable person who is under the King's/Queens Peace
  • Murder is when you kill someone in existance without any lawful reason

4. 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

5. What is the Mens Rea of Murder?

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

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