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Return to Smith, Hogan, and Ormerod's Essentials of Criminal Law 3e Resources
Chapter 5 Multiple choice questions
Murder
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Select a Topic
Actus reus of murder
Defences to murder
Mens rea of murder
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What is the actus reus of murder?
a. Conduct from a person or corporation causing death
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b. Conduct causing serious harm
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c. Conduct causing a debilitating injury
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d. Conduct causing the unlawful killing of another person under the Queen's Peace
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Can murder be committed by omission?
a. No
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b. Yes
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Must V die within a year and a day for D to be guilty of murder?
a. Yes
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b. No
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When does V become a 'person' for the purposes of the criminal law?
a. When V is fully expelled from the womb and alive
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b. At any point from conception
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c. When V is still a foetus, but viable to survive if born immediately
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d. When V is born, and the umbilical cord is cut
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What does it mean to act within the 'Queen's peace'?
a. All times except during periods of civil unrest
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b. All times where the monarchy hold power
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c. All times except where soldiers kill enemy fighters, either in the heat of war, or during their subsequent detention
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d. All times except where soldiers kill enemy fighters in the heat of war, and in actual exercise thereof
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The actus reus of murder is satisfied where D's conduct causes death or GBH. Is this true?
a. Yes
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b. No
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Do all the general defences apply to murder?
a. No, duress is not a defence to murder
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b. Yes
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c. No, self-defence is not a defence to murder
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d. No, necessity is not a defence to murder
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Why is there a specific doctor's defence for murder?
a. Because doctors know best
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b. Because doctors judgement of a patients best interests is a defence to murder
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c. Because doctors need to be free to make end of life decisions
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d. Because doctors may prescribe drugs that will incidentally shorten a patient's life
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What happens if one of the partial defences is satisfied?
a. D will be acquitted
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b. D will be liable for a lesser sentence for murder
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c. D will be liable for manslaughter
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d. D will be liable for a maximum of 10 years imprisonment
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Which of the following is a partial defence to murder?
a. Loss of self-control
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b. Duress
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c. Withdrawal
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d. Consent
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Can insanity apply as a defence to murder?
a. No
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b. Yes
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Do the partial defences to murder apply to any other criminal offences?
a. Yes, but only to serious offences
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b. Yes, to all offences
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c. Yes, also to manslaughter offences
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d. No
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What is the mens rea of murder?
a. Intention or recklessness as to causing death
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b. Intention to kill or cause GBH
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c. Intention to kill
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d. Intention to cause GBH
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Which of the following will not satisfy the mens rea for murder?
a. D foresees that V might be killed as a result of her shot
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b. D shoots at V wanting to cause her a sever wound
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c. D shoots at V wanting to kill her, but knowing the shot is unlikely to hit
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d. D does not want to kill V, but knows that her shot will cause a severe injury at least
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What mens rea, if any, is required as to the circumstance element of murder (ie, that V is a person)?
a. D must foresee a risk that V is a person
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b. D must believe that V is a person
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c. No mens rea is required
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d. D must intend or know that V is a person
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Which of the following will not satisfy the mens rea for murder?
a. D does not want to kill V, but knows that her shot will cause a severe injury at least
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b. D shoots at V wanting to kill her, but knowing the shot is unlikely to hit
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c. D plans to kill V later in the day by shooting her
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d. D shoots at V wanting to cause her a sever wound
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Which of the following will not satisfy the mens rea for murder?
a. D agrees with X to murder V, intending that it should take place
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b. D does not want to kill V, but knows that her shot will cause a severe injury at least
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c. D shoots at V wanting to kill her, but knowing the shot is unlikely to hit
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d. D shoots at V wanting to cause her a sever wound
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What does it mean to 'intend' in the context of murder?
a. D must intend directly (ie, aim; purpose), or obliquely (ie, where the result is virtually certain; foreseen as virtually certain by D; and a jury choose to find intention)
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b. D must intend directly (ie, aim; purpose) only
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c. D must intend obliquely (ie, where the result is virtually certain; foreseen as virtually certain by D; and a jury choose to find intention) only
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d. D must foresee a risk of causing death and go on unreasonably to run that risk
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