Unit 3 - Homicide and Partial Defences to Murder

Question 1

Murder Actus Reus

Answer 1

Causing the death of a human being

Question 2

Murder Mens Rea

Answer 2

Intent to kill or intent to cause GBH

Question 3

Partial Defences for Murder

Answer 3

Loss of Control & Diminished Responsibility

Question 4

Diminished Responsibility

Answer 4

1. Abnormality of mental functioning
2. Recognised medical condition
3. Substantial impairment of ability to understand nature of conduct/form a rational judgement/exercise self control
4. Provides an explanation for act (or omission) in killing

Question 5

Factual Causation

Answer 5

“But for” the defendant’s conduct, would the victim have died?

Question 6

Legal Causation

Answer 6

The chain of causation is intact if the defendant’s actions are a continuing, operating, and substantial cause of the victim’s death