W2 - Murder and Voluntary Manslaughter

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If someone is acting under diminished responsibility when they unlawfully kill another human being under the Queen’s peace with intention to kill, what will the defendant be convicted of?

Voluntary Manslaughter (correct)

Diminished Responsibility

Murder

Involuntary Manslaughter

Which of the following best describes the sentencing powers available to a judge in respect of a defendant who is found to have killed under diminished responsibility?

Sentencing discretion (correct)

Mandatory life sentence

Acquittal

Medical evidence is helpful to which aspect of the diminished responsibility defence?

Substantially impaired D’s ability to do one or more of the following: understand the nature of D’s conduct, form a rational judgment and/ or exercise self-control

Provide an explanation for D’s conduct

Abnormality of mental functioning

All four aspects (correct)

What type of defence is loss of control?

It is a partial defence Signup and view all the answers

Which one of the following is a qualifying trigger for loss of control?

The defendant's loss of control was attributable to a fear of serious violence Signup and view all the answers

For the third element of the loss of control defence, who is the defendant’s conduct compared to?

The reaction of a normal person in the circumstances of the defendant Signup and view all the answers

Which of the following is correct?

D can rely on loss of control if charged with murder Signup and view all the answers

Which of the following is a limitation of the loss of control defence?

The defence cannot be used if it stems from a considered desire for revenge Signup and view all the answers

When will sexual infidelity prevent a defendant from being able to rely on the anger trigger?

When the thing said/ done constituted sexual infidelity Signup and view all the answers

A defendant is charged with murder but is intoxicated at the time. When considering the defendant’s criminal liability at what point in your analysis will you take into account the intoxication?

Mens Rea Signup and view all the answers

A defendant is a drug addict who kills under a loss of control having been taunted about his addiction by the victim. The defendant was intoxicated at the time. When considering the defendant’s criminal liability at what point in your loss of control analysis will you take into account the addiction?

The anger trigger and the normal person test Signup and view all the answers

In which of the following situations will D not be able to rely on diminished responsibility?

When D is voluntarily intoxicated and has no abnormality of mental functioning Signup and view all the answers

W2 - Murder and Voluntary Manslaughter

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