Homicide and Offences Against the Person
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Questions and Answers

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.

<p>False</p> Signup and view all the answers

The defence of diminished responsibility requires the defendant to have completely lost their ability to understand their own conduct.

<p>False</p> Signup and view all the answers

An abnormality of mental functioning provides an explanation for the defendant's conduct if it is a trivial contributory factor.

<p>False</p> Signup and view all the answers

Euthanasia is lawful in the UK.

<p>False</p> Signup and view all the answers

In law, a human being is considered to be the same as a person.

<p>False</p> Signup and view all the answers

The result requirement for murder is the death of the victim.

<p>True</p> Signup and view all the answers

The mens rea for murder is intent to kill or cause GBH.

<p>False</p> Signup and view all the answers

Constructive liability in murder requires direct intention.

<p>False</p> Signup and view all the answers

Duress by threat is a general defence to murder.

<p>False</p> Signup and view all the answers

The doctrine of double effect is a defence to murder in all contexts.

<p>False</p> Signup and view all the answers

Diminished responsibility is a complete defence to murder.

<p>False</p> Signup and view all the answers

The burden of proof for diminished responsibility lies on the prosecution.

<p>False</p> Signup and view all the answers

The 4-part test for diminished responsibility includes the requirement that the defendant's ability to reason and understand conduct is not present.

<p>True</p> Signup and view all the answers

Manslaughter is the most serious crime known.

<p>False</p> Signup and view all the answers

A murder conviction always carries a minimum sentence of life imprisonment.

<p>True</p> Signup and view all the answers

Involuntary manslaughter is a result of committing a crime that is not dangerous to another person.

<p>False</p> Signup and view all the answers

The definition of murder from Coke in the 17th century is still accurate today.

<p>False</p> Signup and view all the answers

A person can be convicted of murder if they did not intend to cause death or GBH.

<p>True</p> Signup and view all the answers

Unlawful killing only applies to British citizens in Britain.

<p>False</p> Signup and view all the answers

What is the standard of proof required to establish diminished responsibility?

<p>On the balance of probabilities</p> Signup and view all the answers

What is the significance of the Coroners and Justice Act 2009 in relation to diminished responsibility?

<p>It changed the term 'abnormality of mind' to 'abnormality of mental functioning'</p> Signup and view all the answers

What is required for an abnormality of mental functioning to be considered a recognised medical condition?

<p>It must be a medically recognised mental or physical illness or disorder</p> Signup and view all the answers

What is the effect of an abnormality of mental functioning on the defendant's ability to understand their conduct?

<p>It must substantially impair their ability to understand</p> Signup and view all the answers

What is the significance of the case of R v Dowds in relation to diminished responsibility?

<p>It ruled that voluntary intoxication does not fall under the scope of recognised medical condition</p> Signup and view all the answers

What is required for an abnormality of mental functioning to provide an explanation for the defendant's conduct?

<p>It must be a significant contributory factor</p> Signup and view all the answers

What is the minimum sentence for a murder conviction?

<p>Life imprisonment</p> Signup and view all the answers

What is the difference between murder and manslaughter?

<p>The defendant's mental state</p> Signup and view all the answers

What is voluntary manslaughter?

<p>A killing that would have been murder but for a partial defence</p> Signup and view all the answers

What is the result requirement for murder?

<p>The death of the victim</p> Signup and view all the answers

What is an unlawful killing?

<p>A killing not permitted by law</p> Signup and view all the answers

Who is considered to be under the King's peace?

<p>British citizens anywhere in the world, and anyone on British ships or aircraft</p> Signup and view all the answers

Which of the following is a general defence to murder, except:

<p>Duress by threat</p> Signup and view all the answers

What is the result requirement for murder?

<p>The victim's death</p> Signup and view all the answers

What is the mens rea for murder?

<p>Indirect intention</p> Signup and view all the answers

What is the doctrine of double effect?

<p>An exception to the rule that oblique intent suffices for homicide offences</p> Signup and view all the answers

What is diminished responsibility?

<p>A partial defence to murder</p> Signup and view all the answers

What is the burden of proof for the defence of diminished responsibility?

<p>On the defendant</p> Signup and view all the answers

What is constructive liability in murder?

<p>Requires indirect intention</p> Signup and view all the answers

When does life begin?

<p>When the baby wholly emerges from its mother</p> Signup and view all the answers

What is the definition of a human being in law?

<p>A natural person, not a company</p> Signup and view all the answers

What is the result of establishing diminished responsibility?

<p>Conviction of manslaughter</p> Signup and view all the answers

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