Chapter 5 Multiple choice questions

true

false

What is the actus reus of murder?

a. Conduct from a person or corporation causing death

b. Conduct causing serious harm

c. Conduct causing a debilitating injury

d. Conduct causing the unlawful killing of another person under the Queen's Peace

Can murder be committed by omission?

a. No

b. Yes

Must V die within a year and a day for D to be guilty of murder?

a. Yes

b. No

When does V become a 'person' for the purposes of the criminal law?

a. When V is fully expelled from the womb and alive

b. At any point from conception

c. When V is still a foetus, but viable to survive if born immediately

d. When V is born, and the umbilical cord is cut

What does it mean to act within the 'Queen's peace'?

a. All times except during periods of civil unrest

b. All times where the monarchy hold power

c. All times except where soldiers kill enemy fighters, either in the heat of war, or during their subsequent detention

d. All times except where soldiers kill enemy fighters in the heat of war, and in actual exercise thereof

The actus reus of murder is satisfied where D's conduct causes death or GBH. Is this true?

a. Yes

b. No

Do all the general defences apply to murder?

a. No, duress is not a defence to murder

b. Yes

c. No, self-defence is not a defence to murder

d. No, necessity is not a defence to murder

Why is there a specific doctor's defence for murder?

a. Because doctors know best

b. Because doctors judgement of a patients best interests is a defence to murder

c. Because doctors need to be free to make end of life decisions

d. Because doctors may prescribe drugs that will incidentally shorten a patient's life

What happens if one of the partial defences is satisfied?

a. D will be acquitted

b. D will be liable for a lesser sentence for murder

c. D will be liable for manslaughter

d. D will be liable for a maximum of 10 years imprisonment

Which of the following is a partial defence to murder?

a. Loss of self-control

b. Duress

c. Withdrawal

d. Consent

Can insanity apply as a defence to murder?

a. No

b. Yes

Do the partial defences to murder apply to any other criminal offences?

a. Yes, but only to serious offences

b. Yes, to all offences

c. Yes, also to manslaughter offences

d. No

What is the mens rea of murder?

a. Intention or recklessness as to causing death

b. Intention to kill or cause GBH

c. Intention to kill

d. Intention to cause GBH

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

b. D shoots at V wanting to cause her a sever wound

c. D shoots at V wanting to kill her, but knowing the shot is unlikely to hit

d. D does not want to kill V, but knows that her shot will cause a severe injury at least

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

b. D must believe that V is a person

c. No mens rea is required

d. D must intend or know that V is a person

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

b. D shoots at V wanting to kill her, but knowing the shot is unlikely to hit

c. D plans to kill V later in the day by shooting her

d. D shoots at V wanting to cause her a sever wound

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

b. D does not want to kill V, but knows that her shot will cause a severe injury at least

c. D shoots at V wanting to kill her, but knowing the shot is unlikely to hit

d. D shoots at V wanting to cause her a sever wound

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)

b. D must intend directly (ie, aim; purpose) only

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

d. D must foresee a risk of causing death and go on unreasonably to run that risk

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