Podcast
Questions and Answers
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?
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?
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?
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?
What type of defence is loss of control?
Which one of the following is a qualifying trigger for loss of control?
Which one of the following is a qualifying trigger for loss of control?
For the third element of the loss of control defence, who is the defendant’s conduct compared to?
For the third element of the loss of control defence, who is the defendant’s conduct compared to?
Which of the following is correct?
Which of the following is correct?
Which of the following is a limitation of the loss of control defence?
Which of the following is a limitation of the loss of control defence?
When will sexual infidelity prevent a defendant from being able to rely on the anger trigger?
When will sexual infidelity prevent a defendant from being able to rely on the anger trigger?
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?
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?
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?
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?
In which of the following situations will D not be able to rely on diminished responsibility?
In which of the following situations will D not be able to rely on diminished responsibility?
