Murder and Manslaughter Review Flashcards
What are the two key elements required for a murder conviction?
A) Actus reus and recklessness
B) Mens rea and omission
C) Actus reus and mens rea
D) Mens rea and negligence
C) Actus reus and mens rea
🔍 Explanation: Murder requires (1) the actus reus (unlawful killing of a human under the Queen’s peace) and (2) mens rea (intention to kill or cause GBH).
Which of the following is NOT an example of a valid complete defence to murder?
A) Self-defence
B) Loss of control
C) Duress
D) Automatism
B) Loss of Control - If the defendant lost self-control due to a qualifying trigger, their charge may be reduced to voluntary manslaughter.
Which of the following statements about voluntary manslaughter is TRUE?
A) It results in an automatic life sentence
B) It applies when a defendant is found guilty but can rely on a partial defence
C) It means the defendant is acquitted
D) It is only available in cases of self-defence
B) It applies when a defendant is found guilty but can rely on a partial defence
🔍 Explanation: Voluntary manslaughter applies when a partial defence (loss of control or diminished responsibility) reduces murder to manslaughter, preventing a mandatory life sentence.
What must be proven to successfully use the defence of diminished responsibility?
A) That the defendant had a complete lack of control over their actions
B) That the defendant’s ability to understand their conduct was impaired due to a recognised medical condition
C) That the defendant was provoked into acting violently
D) That the defendant was intoxicated at the time
B) That the defendant’s ability to understand their conduct was impaired due to a recognised medical condition
🔍 Explanation: Under s 2 Homicide Act 1957, diminished responsibility requires proof that a recognised medical condition impaired the defendant’s ability to:
Understand their conduct,
Form rational judgment, or
Exercise self-control.
Adam and Ben are in a heated argument. Adam, in a fit of rage, stabs Ben in the chest, causing instant death. Adam had no intention of killing Ben but wanted to cause serious harm. What is Adam’s likely liability?
A) No liability as he did not intend to kill
B) Guilty of manslaughter due to provocation
C) Guilty of murder as he intended serious harm
D) Guilty of involuntary manslaughter
C) Guilty of murder as he intended serious harm
🔍 Explanation: The mens rea for murder includes intention to cause GBH, meaning Adam can be convicted of murder even if he did not intend to kill.
Sarah finds her husband cheating and, in a sudden rage, grabs a knife and kills him. At trial, she claims she lost control and acted impulsively. What defence may apply?
A) Diminished responsibility
B) Self-defence
C) Loss of control
D) Automatism
C) Loss of control
🔍 Explanation: Loss of control is a partial defence to murder. Sarah must prove a qualifying trigger, such as fear of serious violence or things said or done that caused her to lose self-control.
David is attacked in an alleyway by Sam. David fights back and in the struggle, stabs Sam, who later dies. What must the court consider to determine if David acted in self-defence?
A) Whether David had previous aggression towards Sam
B) Whether David’s actions were necessary and proportionate to the threat
C) Whether Sam deserved to be attacked
D) Whether David intended to kill Sam
B) Whether David’s actions were necessary and proportionate to the threat
🔍 Explanation: Self-defence requires that the defendant’s actions were reasonable in the circumstances and proportionate to the threat faced.
Jason suffers from paranoid schizophrenia and believes his neighbour is trying to kill him. In response, he fatally stabs the neighbour. What defence might be available?
A) Loss of control
B) Diminished responsibility
C) Self-defence
D) Duress
B) Diminished responsibility
🔍 Explanation: Diminished responsibility applies if the defendant had a recognised medical condition (e.g., schizophrenia) that impaired their ability to understand their actions or exercise self-control.
Olivia gets into an argument with her co-worker, Tom. She slaps him across the face, but Tom later dies due to an undiagnosed medical condition that made him vulnerable to trauma. What legal principle applies?
A) Transferred malice
B) Thin skull rule
C) Loss of control
D) Factual causation
B) Thin skull rule
🔍 Explanation: The thin skull rule states that the defendant must take their victim as they find them. Olivia is still liable for Tom’s death, even though his medical condition made the injury worse than expected.
After drinking heavily, Liam gets into a fight and fatally punches a man. At trial, Liam claims he did not intend to cause serious harm because he was intoxicated. Can he use intoxication as a defence?
A) Yes, because he was too intoxicated to form mens rea
B) Yes, but only if he was involuntarily intoxicated
C) No, because voluntary intoxication is not a defence to crimes of specific intent
D) No, because intoxication increases liability
C) No, because voluntary intoxication is not a defence to crimes of specific intent
🔍 Explanation: Murder is a specific intent crime. Voluntary intoxication is not a defence if the defendant still formed intent at the time of the act.
