6. 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.
7. 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
8. 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
9. What is the Mens Rea of Murder?
Intention to kill or cause GBH (really serious harm)
With malice afterthought
10. 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 you kill someone until they die from it.
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
11. 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 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 which substantially impaired his mental responsibility for his acts and omissions in doing or being a party to the killing