Homicide

Quiz on the types of homicide in UK cirminal law.

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

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

  • There is no qualifying trigger to make Murder a viable conviction
  • The reasonable man should not be applied in the circumstances
  • 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
  • If D was intoxicated at the time of the killing, he/she cannot be convicted of Murder.

4. What does s.55 CJA 2009 cover?

  • Intoxication as a Defence
  • Qualifying triggers
  • Loss of Self Control
  • Mental abnormalities

5. What is the Actus Reus of murder?

  • When life ends as a result of recklessness or an omission in the actions of D
  • Unlawful killing of a person in being
  • Taking a life without lawful justification by a reckless act

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