44 Questions
The defence of diminished responsibility only applies to manslaughter charges.
False
The burden of proof for the defence of diminished responsibility lies with the prosecution.
False
An abnormality of mental functioning can be considered a medically recognised mental or physical illness or disorder.
True
Voluntary intoxication can be considered a recognised medical condition for the purpose of the defence of diminished responsibility.
False
The defence of diminished responsibility requires the defendant to have completely lost their ability to understand their own conduct.
False
An abnormality of mental functioning provides an explanation for the defendant's conduct if it is a trivial contributory factor.
False
Euthanasia is lawful in the UK.
False
In law, a human being is considered to be the same as a person.
False
The result requirement for murder is the death of the victim.
True
The mens rea for murder is intent to kill or cause GBH.
False
Constructive liability in murder requires direct intention.
False
Duress by threat is a general defence to murder.
False
The doctrine of double effect is a defence to murder in all contexts.
False
Diminished responsibility is a complete defence to murder.
False
The burden of proof for diminished responsibility lies on the prosecution.
False
The 4-part test for diminished responsibility includes the requirement that the defendant's ability to reason and understand conduct is not present.
True
Manslaughter is the most serious crime known.
False
A murder conviction always carries a minimum sentence of life imprisonment.
True
Involuntary manslaughter is a result of committing a crime that is not dangerous to another person.
False
The definition of murder from Coke in the 17th century is still accurate today.
False
A person can be convicted of murder if they did not intend to cause death or GBH.
True
Unlawful killing only applies to British citizens in Britain.
False
What is the standard of proof required to establish diminished responsibility?
On the balance of probabilities
What is the significance of the Coroners and Justice Act 2009 in relation to diminished responsibility?
It changed the term 'abnormality of mind' to 'abnormality of mental functioning'
What is required for an abnormality of mental functioning to be considered a recognised medical condition?
It must be a medically recognised mental or physical illness or disorder
What is the effect of an abnormality of mental functioning on the defendant's ability to understand their conduct?
It must substantially impair their ability to understand
What is the significance of the case of R v Dowds in relation to diminished responsibility?
It ruled that voluntary intoxication does not fall under the scope of recognised medical condition
What is required for an abnormality of mental functioning to provide an explanation for the defendant's conduct?
It must be a significant contributory factor
What is the minimum sentence for a murder conviction?
Life imprisonment
What is the difference between murder and manslaughter?
The defendant's mental state
What is voluntary manslaughter?
A killing that would have been murder but for a partial defence
What is the result requirement for murder?
The death of the victim
What is an unlawful killing?
A killing not permitted by law
Who is considered to be under the King's peace?
British citizens anywhere in the world, and anyone on British ships or aircraft
Which of the following is a general defence to murder, except:
Duress by threat
What is the result requirement for murder?
The victim's death
What is the mens rea for murder?
Indirect intention
What is the doctrine of double effect?
An exception to the rule that oblique intent suffices for homicide offences
What is diminished responsibility?
A partial defence to murder
What is the burden of proof for the defence of diminished responsibility?
On the defendant
What is constructive liability in murder?
Requires indirect intention
When does life begin?
When the baby wholly emerges from its mother
What is the definition of a human being in law?
A natural person, not a company
What is the result of establishing diminished responsibility?
Conviction of manslaughter
Test your knowledge of homicide, murder, and manslaughter, including the differences between these crimes and their associated sentences. Learn about the legal definitions and implications of each offence.
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