Homicide

Quiz on the types of homicide in UK cirminal law.

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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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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.

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