Attempt 2

Question 1

Definition of homicide

Answer 1

the killing of a human being

Example sentence: Homicide is the unlawful killing of a person.

Question 2

Distinction between murder and manslaughter based on intention

Answer 2

specific vs. basic

Additional information: Murder requires specific intention to kill, while manslaughter only requires a basic intention.

Question 3

Definition of murder

Answer 3

a common law crime

Elements: sound memory, age of discretion, unlawful killing, causation, under the Queen’s peace.

Question 4

Mens Rea of Murder

Answer 4

Malice aforethought defined as the intention to kill or cause grievous bodily harm (GBH)

Example sentence: Malice aforethought is the mental state required for murder.

Question 5

Direct intent

Answer 5

the defendant’s aim or purpose was to kill

Legal case reference: R v Mohan

Question 6

Indirect intent

Answer 6

the defendant foresaw death or GBH as virtually certain

Legal case references: R v Woollin; R v Matthews and Alleyne

Question 7

Actus Reus of Murder

Answer 7

Unlawful killing: excluding killings justified or authorized by law

Legal case reference: R v Cheshire

Question 8

Human being

Answer 8

the victim must be a living person

Question 9

Doctors, Euthanasia, and Double Effect

Answer 9

Potential liability for murder in euthanasia cases

Legal case reference: Re A

Question 10

Sentencing for Murder

Answer 10

Mandatory life sentence with minimum term set by the judge

Factors considered in determining the minimum term, such as the seriousness of the offence, aggravating and mitigating circumstances.

Question 11

Introduction to Voluntary Manslaughter

Answer 11

A partial defence to murder, reducing the conviction to manslaughter

Definition: Requires satisfying the elements of murder but with mitigating circumstances.

Question 12

Loss of Control

Answer 12

Replaced the former defence of provocation

Legal reference: sections 54-56 of the Coroners and Justices Act 2009

Question 13

Elements of the Defence

Answer 13

(a) Loss of self-control: Subjective test considering the defendant’s ability to act with considered judgment

Legal case references: R v Jewell; R v Dawes

Question 14

Qualifying trigger

Answer 14

Fear of serious violence

Legal case references: R v Ward; R v Lodge

Question 15

Objective test

Answer 15

A person of the defendant’s sex and age, with normal tolerance and self-restraint, might have reacted similarly in the circumstances

Legal case references: R v Meanza; R v Asmelash

Question 16

Exclusions to the Defence

Answer 16

Self-induced loss of control

Example: revenge killings

Question 17

Diminished Responsibility

Answer 17

Defined in section 2 of the Homicide Act 1957, amended by section 52 of the Coroners and Justices Act 2009

Question 18

Elements of the Defence

Answer 18

(a) Abnormality of mental functioning: A state of mind significantly different from that of ordinary human beings

Legal case references: R v Byrne; R v Fairweather

Question 19

Intoxication and Diminished Responsibility

Answer 19

Voluntary intoxication alone is not sufficient

Legal case reference: R v Dowds

Question 20

Introduction to Involuntary Manslaughter

Answer 20

Occurs when the defendant does not have the mens rea for murder

Main types: unlawful act manslaughter and gross negligence manslaughter

Question 21

Elements of the Offence

Answer 21

(a) The defendant must have committed an unlawful act (a crime)

Legal case references: R v Church; R v JM and SM

Question 22

Dangerous Act

Answer 22

Objective test: would a sober and reasonable person recognize the risk of some harm

Legal case reference: R v Bristow, Dunn and Delay

Question 23

Causation

Answer 23

Applying the normal rules of factual and legal causation

Example: considering whether the chain of causation is broken

Question 24

Gross Negligence Manslaughter

Answer 24

Existence of a duty of care owed by the defendant to the victim

Legal case references: Donoghue v Stevenson; R v Wacker; R v Evans

Question 25

What is the term for considering whether the chain of causation is broken in relation to a crime?

Answer 25

Intervening events

(R v Dalby; R v Kennedy)

Question 26

What are the elements of Gross Negligence Manslaughter?

Answer 26

Duty of care, Breach of duty, Risk of death, Causation, Grossly negligent

(R v Bateman; R v Misra and Srivastava; R v Lidar)

Question 27

What are the established duties for the Duty of Care in Gross Negligence Manslaughter?

Answer 27

Doctor-patient, employer-employee, etc.

General principle: foreseeability of risk to others

Question 28

What is the objective of the Grossly Negligent Breach in Gross Negligence Manslaughter?

Answer 28

Objective test with subjective elements: considering the defendant’s state of mind at the time

Question 29

What is the legal basis for the Insanity defence?

Answer 29

A full defence resulting in a special verdict of ‘not guilty by reason of insanity.’

Governed by the M’Naghten Rules (1843)

Question 30

What is required for the Automatism defence?

Answer 30

External cause, Complete loss of control

The defendant must have no conscious control over their actions (R v T; Broome v Perkins)

Question 31

What is the distinction between Automatism and Insanity?

Answer 31

Focus on the source of the automatism (internal vs. external)

Question 32

How does Voluntary Intoxication impact criminal liability?

Answer 32

Relevance to criminal liability depending on whether it was voluntary or involuntary

Question 33

What is the general rule for Voluntary Intoxication in specific intent crimes?

Answer 33

Not a defence but may negate specific intent in some cases

Question 34

What is the relevance of Involuntary Intoxication in criminal cases?

Answer 34

May be a defence to both specific and basic intent crimes if the defendant lacked mens rea