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Criminal Law: Murder and Homicide Offences

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22 Questions

What is the requirement for D to be liable for murder?

All of the above

What is the Act that makes any murder or manslaughter committed by a British citizen outside the UK an offence that can be tried and punished in the jurisdiction of E&W?

Offences Against the Person Act 1861

What is the requirement for the actus reus of murder to be satisfied?

D must unlawfully kill another person under the king's peace

What is the circumstance that must be present for D to be liable for murder?

V must be under the king's peace

What is the significance of the 'unlawful killing' circumstance in the actus reus of murder?

It means that the killing must satisfy all actus reus and mens rea elements and be done without a lawful defence

What is the status of the victim that will require discussion in homicide offences?

When does human life begin

What is the exception to general defences that will not apply to murder?

Duress

What is the name of the doctrine that applies to doctors treating terminally ill patients?

Doctrine of double effect

What is the outcome if a defendant satisfies one of the partial defences to murder?

Liability for murder is reduced to voluntary manslaughter

What is the essential element of the defence of diminished responsibility?

Recognised medical condition leading to an abnormality of mental functioning

What is the result of satisfying the elements of one of the general defences to murder?

Complete acquittal

How many partial defences are there to murder?

3

When does an unborn child become a person within criminal law?

When the foetus is fully expelled from the womb and alive

What is the exception to the rule that a person must intend to kill or cause GBH to be guilty of murder?

Intent to cause prenatal harm

When is a person considered medically dead?

When there is complete and irreversible non-functioning of the brain stem

What is the actus reus of murder?

Causing death

What is the mens rea of murder?

Intention to kill or cause GBH

What is the importance of the intention to cause GBH in the context of murder?

It is an alternative to an intention to kill

What is the requirement for constructive liability in the context of murder?

Intent to cause GBH

What is the additional element of the mens rea of murder?

Voluntary act or omission

What is the requirement for the victim in the context of murder?

The victim must be a person under the king's peace

What is the significance of the 'double transaction' in the context of murder?

It rules out transfer of malice from the mother to the foetus

Test your knowledge of criminal law, specifically murder and homicide offences. Learn about the elements of murder, the differences between murder and manslaughter, and the sentences associated with these crimes. Understand the legal concepts and principles surrounding these serious offences.

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