Fatal Offence Case Law

Question 1

What is the key case for the actus reus of murder?

Answer 1

R v Gibbins and Proctor (1918)

Question 2

In the case R v Cunningham, what was the mens rea established for the offence of murder?

Answer 2

Malice aforethought

Question 3

What is the key case for the mens rea of murder?

Answer 3

R v Moloney (1985)

Question 4

True or False: Constructive malice is sufficient for the mens rea of murder.

Answer 4

False

Question 5

Fill in the blank: In R v ________, the House of Lords confirmed that foresight of consequences is not the same as intent.

Answer 5

Woollin (1998)

Question 6

What is the key case for diminished responsibility in murder cases?

Answer 6

R v Byrne (1960)

Question 7

In R v Gittens, what was the key point established regarding the defence of provocation?

Answer 7

The loss of self-control must be sudden and temporary

Question 8

What is the key case for the defence of necessity in murder cases?

Answer 8

R v Dudley and Stephens (1884)

Question 9

True or False: Duress is a defence in murder cases.

Answer 9

False

Question 10

Fill in the blank: In R v ________, the Court of Appeal confirmed that intoxication is not a defence to murder.

Answer 10

King (2002)

Question 11

What is the key case for the unlawful act manslaughter?

Answer 11

R v Franklin (1883)

Question 12

In R v Goodfellow, what was the key point established regarding the offence of gross negligence manslaughter?

Answer 12

The defendant must owe a duty of care

Question 13

What is the key case for gross negligence manslaughter?

Answer 13

R v Adomako (1994)

Question 14

True or False: Recklessness is not a sufficient mens rea for gross negligence manslaughter.

Answer 14

True

Question 15

Fill in the blank: In R v ________, the Court of Appeal confirmed that the reasonable person test applies to gross negligence manslaughter.

Answer 15

Bateman (1925)

Question 16

What is the key case for corporate manslaughter?

Answer 16

R v Cotswold Geotechnical Holdings Ltd (2011)

Question 17

In R v Litchfield, what was the key point established regarding the offence of corporate manslaughter?

Answer 17

The company’s senior management must be the directing mind and will

Question 18

What is the key case for the offence of infanticide?

Answer 18

R v Gore (2007)

Question 19

True or False: Infanticide is a complete defence to the offence of murder.

Answer 19

False

Question 20

Fill in the blank: In R v ________, the Court of Appeal clarified the elements required for the defence of infanticide.

Answer 20

Higginbotham (2005)

Question 21

What is the key case for the offence of causing or allowing the death of a child or vulnerable adult?

Answer 21

R v Kennedy (2007)

Question 22

In R v Kennedy, what was the key point established regarding the mens rea for causing or allowing the death of a child or vulnerable adult?

Answer 22

Wilful blindness is sufficient

Question 23

True or False: Duress is a defence to causing or allowing the death of a child or vulnerable adult.

Answer 23

False

Question 24

Fill in the blank: In R v ________, the Supreme Court clarified the requirement of a substantial risk of serious harm for the offence of causing or allowing the death of a child or vulnerable adult.

Answer 24

Evans (2009)