Fatal Offences Against The Person

Question 0

What is the mens rea of murder?

Answer 0

The intent to kill (express malice) or cause serious harm ( implied malice) (GBH)

Question 1

What is the actus reus of murder?

Answer 1

The unlawful killing of another human being under the queens peace

Question 2

Name the two partial defences to murder

Answer 2

1) diminished responsibility (R v ahluwalia 1992)

2) sudden loss of control

Question 3

Name the two types of involuntary manslaughter

Answer 3

1) gross negligence

2) unlawful act manslaughter

Question 4

If you plead one of the two defences to murder and succeed what will be charged with instead?

Answer 4

Voluntary manslaughter

Question 5

Sudden loss of control relies on the evidence that…

Answer 5

1) the defendant was provoked
2) this caused the defendant a sudden temporary loss of self control
3) the jury considers that the reasonable man would have done that