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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