homocide 1
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Questions and Answers

What is the result requirement for murder?

  • Serious bodily harm
  • Intent to kill
  • Recklessness towards human life
  • Death of the victim (correct)

    • What is the current requirement for mens rea in murder?

  • Recklessness towards human life
  • Premeditation and wickedness
  • Intention to kill or cause GBH (correct)
  • Malice aforethought

    • What type of liability is applicable when a defendant intends to cause GBH but ultimately causes death?

  • Corporate liability
  • Joint liability
  • Constructive liability (correct)
  • Vicarious liability

    • What is the test for determining intention in murder cases?

    <p>The Nedrick/Woolin test</p> Signup and view all the answers

    Is recklessness sufficient to establish mens rea for murder?

    <p>No, intention to kill or cause GBH is required</p> Signup and view all the answers

    What is the criticism of the current rule for mens rea in murder?

    <p>It breaches the correspondence principle</p> Signup and view all the answers

    What is the intention required for a conviction of second-degree murder?

    <p>Intention to cause serious injury</p> Signup and view all the answers

    What is the name of the doctrine that allows for a defence to murder where the act of easing pain may incidentally shorten life?

    <p>Doctrine of Double Effect</p> Signup and view all the answers

    What is the term for the act of killing someone while aware of the serious risk of death, but without intention to cause serious injury?

    <p>Constructive manslaughter</p> Signup and view all the answers

    What is the name of the partial defence that reduces the charge of murder to voluntary manslaughter?

    <p>Diminished responsibility</p> Signup and view all the answers

    What is the term for the act of killing someone without intention to cause serious injury, but with a reckless disregard for human life?

    <p>Reckless manslaughter</p> Signup and view all the answers

    What is the name of the homicide offence that is characterized by an unlawful and dangerous act that results in death?

    <p>Unlawful act manslaughter</p> Signup and view all the answers

    What is the consequence of satisfying the 4-part test for diminished responsibility?

    <p>A reduced sentence for manslaughter</p> Signup and view all the answers

    What is the legal burden of proof for diminished responsibility?

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

    What is the purpose of the 'abnormality of mental functioning' criterion?

    <p>To establish a defence to murder</p> Signup and view all the answers

    What is the significance of the Coroners and Justice Act 2009?

    <p>It modified the wording from 'abnormality of mind' to 'abnormality of mental functioning'</p> Signup and view all the answers

    What is the effect of satisfying the 4-part test on the defendant's liability?

    <p>It reduces the defendant's liability from murder to manslaughter</p> Signup and view all the answers

    What is the source of the definition for 'abnormality of mental functioning'?

    <p>R v Byrne</p> Signup and view all the answers

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