Homicide

Quiz on the types of homicide in UK cirminal law.

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What is the definition of Murder per Sir Edward Coke in the 1600s?
Murder is when a person unlawfully kills a reasonable person who is under the King's/Queens Peace
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What is the Actus Reus of murder?
Unlawful killing of a person in being
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What is the Mens Rea of Murder?
Intention to kill or cause GBH (really serious harm)
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What are the three partial defences?
Loss of self control, Diminished Responsibility, Suicide Pact
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What act covers the defence of 'Diminished Responsibility'?
s.52 Coroners and Justice Act 2009
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Under the legislation covering Diminished Responsibility, what can stop a murder conviction?
Abnormality of mental functioning which arose from a recognised medical condition.
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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 is a question for the jury - doesn't have to be total impairment but it must be more than trivial
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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
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What does Tandy [1989] say about alcoholism giving rise to diminished responsibility?
It is only capable if it either causes damage to the brain or produces an irresistible craving that consumption is involuntary
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Under s.54 Coroners and Justice Act 2009, what reasons can D not 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
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What does s.55 CJA 2009 cover?
Qualifying triggers
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Other cards in this set

Card 2

Front

What is the Actus Reus of murder?

Back

Unlawful killing of a person in being

Card 3

Front

What is the Mens Rea of Murder?

Back

Preview of the front of card 3

Card 4

Front

What are the three partial defences?

Back

Preview of the front of card 4

Card 5

Front

What act covers the defence of 'Diminished Responsibility'?

Back

Preview of the front of card 5
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