1. What is the Mens Rea of Murder?
- Intention to kill or cause GBH (really serious harm)
- With malice afterthought
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2. 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
3. What does Fenton (1975) say about self-induced intoxication?
- 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.
- Self induced intoxication cannot produce an abnormality of the mind. Intoxication is not an inherent cause
- Alcoholism is not a valid condition where self induced intoxication is involving.
- Where self induced intoxication is the case, there must be a pre-existing history of alcohol dependency
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 must be considered that it has to be more than trivial but not necessarily that of total impairment or retardation of mental development
- 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 question for the jury - doesn't have to be total impairment but it must be more than trivial
- It is a case of the severity of the impairment, insufficient impairment would not count towards a defence
5. Under the legislation covering Diminished Responsibility, what can stop a murder conviction?
- 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
- 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