All Flashcards
Define murder.
Murder is a common law crime defined as the unlawful killing of a human being under the Queen’s peace, with malice aforethought.
Source: Criminal Law Fatal Offences Study Guide
Distinguish between direct and indirect intent in murder.
Direct intent is when the defendant desires a particular result, their aim or purpose is to kill. Indirect intent is when the defendant foresees a result as virtually certain (Nedrick test).
Source: Criminal Law Fatal Offences Study Guide
Explain the ‘thin skull’ rule in relation to causation.
The ‘thin skull’ rule means that the defendant must take their victim as they find them. Even if the victim has a pre-existing condition that makes them more susceptible to harm, the defendant is still liable for the full extent of their injuries.
Source: Criminal Law Fatal Offences Study Guide
What are the two qualifying triggers for loss of control under the Coroners and Justices Act 2009?
The two qualifying triggers are fear of serious violence and a justifiable sense of being seriously wronged.
Source: Criminal Law Fatal Offences Study Guide
Can sexual infidelity ever be considered in a loss of control defence?
While sexual infidelity alone is not a qualifying trigger, it can be considered as part of the context in which the loss of control occurred, especially if there are other qualifying triggers present.
Source: Criminal Law Fatal Offences Study Guide
What is the key difference between insanity and automatism as defences?
The key difference lies in the source of the involuntary action. Insanity involves an internal factor (a disease of the mind), while automatism stems from an external factor.
Source: Criminal Law Fatal Offences Study Guide
What is ‘insane automatism’?
Insane automatism refers to involuntary actions caused by an internal factor, typically a disease of the mind. It is considered a form of insanity defence.
Source: Criminal Law Fatal Offences Study Guide
Explain the difference between voluntary and involuntary intoxication as it relates to criminal liability.
Voluntary intoxication is not a defence to crimes of basic intent, but it can be a partial defence to crimes of specific intent if it negates the necessary mens rea. Involuntary intoxication can potentially be a defence to both basic and specific intent crimes if it negates mens rea.
Source: Criminal Law Fatal Offences Study Guide
What is the ‘Dutch Courage’ rule?
The ‘Dutch Courage’ rule states that if the defendant becomes intoxicated to gain the courage to commit a crime, they cannot use intoxication as a defence, even for crimes of specific intent.
Source: Criminal Law Fatal Offences Study Guide
Can a defendant who was intoxicated at the time of the offence claim self-defence?
A defendant can claim self-defence even if intoxicated. However, the court will consider whether their perception of the threat and the amount of force used were reasonable, given their intoxicated state. Intoxication may make it more difficult to successfully argue self-defence.
Source: Criminal Law Fatal Offences Study Guide
