Chapter 6 Multiple choice questions

true

false

What is manslaughter?

a. Manslaughter is a category of offences including murder and homicide

b. Manslaughter is an offence committed when D intentionally kills V

c. Manslaughter is a single common law offence, although there are several routes to it

d. Manslaughter is a common law offence that is found where D kills V, but is not guilty of murder

What is 'involuntary' manslaughter?

a. D kills V, but does so without voluntary control of her conduct

b. D commits murder, but successfully raises a partial defence

c. D commits murder, but only does so because she is threatened by another that she must kill in order to save the life of herself or another

d. D does not commit murder, but does commit unlawful act manslaughter, gross negligence manslaughter or reckless manslaughter

Is unlawful act manslaughter a constructive liability offence?

a. No, D must be at least reckless as to causing death

b. Yes, D's liability for a lesser offence is constructed upon by the fact of V's death (even though this death may have been unforeseen by D)

c. No, D must intend to cause death

d. Yes, D's liability for a lesser offence is constructed upon by the fact of V's death, even where D's conduct was non-dangerous

The final element of gross negligence manslaughter (the requirement of 'grossness') is often criticised for being circular in its rationale. Why is this?

a. D's conduct is gross if it is disgusting, but only disgusting if it is gross

b. D's conduct is gross if it is criminal, but only criminal if it is gross

c. D's conduct is gross if it is premeditated, but only premeditated if it is gross

d. D's conduct is gross if it is immoral, but only immoral if it is gross

When identifying a base offence upon which to construct a charge of unlawful act manslaughter, what exceptions apply?

a. D's base offence must involve a physical attack upon V; and cannot be a strict liability or negligence offence

b. D's base offence cannot be committed by omission; and cannot be a strict liability or negligence offence

c. D's base offence cannot be committed by omission; and must involve a physical attack upon V

d. There are no exceptions

D punches V with the intention of causing only minor harm, but V falls backwards and hits her head on a rock. V dies. Does D commit unlawful act manslaughter?

a. No

b. Yes

Can a corporation commit common law murder or manslaughter offences?

a. Yes

b. Yes, but only if a controlling mind within the company is found to have committed murder as a principal offender

c. No, corporations are not capable of committing crimes of any kind

d. No, although they can commit a separate statutory offence

How does the offence of corporate manslaughter operate?

a. In the same way as other homicide offences, by applying to corporations

b. Where the management or organisation of a corporation's activities result in the death of V and amount to a gross breach of duty to V

c. Where a controlling mind is identified within a corporation (usually a high-level manager) to personally commits murder or manslaughter on behalf of the company

d. Where any death results from a corporations activities, and they cannot demonstrate that it was not their fault

What mens rea is required for the offence of causing death by dangerous driving?

a. Nothing beyond voluntary conduct

b. Intention to cause death

c. Negligence as to causing death

d. Negligence as to the dangerous nature of her driving

Which of the following is a valid homicide offence?

a. Causing death whilst driving

b. Causing death whilst driving over the speed limit

c. Causing death whilst driving under the influence of drugs

d. Causing death whilst driving without a valid driving licence, or whilst uninsured

What is infanticide?

a. D (a mother) kills V (her child) within the first year of its life where, at the time of killing, D's mind was disturbed due to the birth or due to her lactation as a result of the birth

b. D (a mother) kills V (her child) within the first year of its life

c. D (a mother) kills V (her child) where, at the time of killing, D's mind was disturbed due to the birth or due to her lactation as a result of the birth

d. D (a mother) kills V (her child) within the first year of its life where, at the time of killing, D's mind was disturbed

Which offence may be committed when D kills V, a foetus?

a. Murder

b. Manslaughter

c. Child destruction

d. No offence

What is manslaughter?

a. Manslaughter is a category of offences including murder and homicide

b. Manslaughter is an offence committed when D intentionally kills V

c. Manslaughter is a single common law offence, although there are several routes to it

d. Manslaughter is a common law offence that is found where D kills V, but is not guilty of murder

What is 'voluntary' manslaughter?

a. D has committed murder, but successfully raises a partial defence

b. D acts voluntarily when killing V

c. D does not commit murder because she is merely reckless as to killing V

d. D commits murder, but successfully raises a complete defence

Which of the following is NOT a partial defence to murder?

a. Duress

b. Loss of control

c. Suicide pact

d. Diminished responsibility

Does the 'loss of self-control' defence require D to have acted in an automatic state?

a. Yes, D must be fully automatic

b. Yes, but the defence will not apply where D acts in circumstances of prior fault

c. No, 'loss of control' here is just a term of art and has no meaning

d. No, but it does require her to have lost rational control

What do we mean by a 'qualifying trigger' within the loss of self-control defence?

a. D's loss of self-control must be caused by a trigger recognised in section 55 of the Coroners and Justice Act 2009

b. D's loss of self-control must be caused by a trigger defined at common law

c. D's loss of self-control must be caused by something that a normal person would have responded to in a similar way

d. D must have lost self-control

Does the 'diminished responsibility' defence require D to lack understanding of the nature or quality of her act?

a. Yes, this is vital in every case

b. Yes, although this is not always vital

c. No, this is only required for the insanity defence

d. No, but it does require her conduct to be involuntary

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