Progress Test 2

Question 1

If an offender intends to kill A but inadvertently strikes the fatal blow to B, is the offender still guilty of murder?

Answer 1

In this case the guilt of the offender is not affected. Section 167(c) states in these circumstances it is still murder.

Question 2

In a charge of attempt to murder, what is the Crown required to prove?

Answer 2

Mens rea and actus reus as set out in S72. An intention to kill must be proved.

Question 3

Define voluntary and involuntary manslaughter

Answer 3

• Voluntary manslaughter - mitigating circumstances (such as a suicide pact) reduce what would otherwise be murder to manslaughter.
• Involuntary manslaughter - covers those types of unlawful killing in which death is caused by an unlawful act or gross negligence. In such cases there has been no intention to kill or cause GBH.

Question 4

When considering what charge to press in a case where someone has been killed in a sudden fight, what issues do you need to consider?

Answer 4

Whether there was:
* Self-defence
* The requisite mens rea for a murder/manslaughter charge.