Chapter 5 Self-test questions

When an offence is referred to as "fatal" or involving "fatality," what does this mean?

That this is an offence against the person, and V has survived.

That this offence is one where V has died.

That the offence is one where D has died.

That there will automatically be a life sentence for this offence.

Homicide is a stand-alone offence in England and Wales.
True or false?

True

False

What is the broad definition of murder?

Where a person unlawfully causes the death of another person, with the intention to kill or cause some bodily harm.

Where a person unlawfully causes the death of another person, with nothing but the intention to kill.

Where a person unlawfully causes the death of another person, with the intention to kill or cause grievous bodily harm.

Where a person unlawfully causes the death of another and means to cause them harm.

If D only intended to seriously hurt V, but V dies, what offence is this?

Murder.

Manslaughter.

GBH with intent.

GBH.

A mandatory life sentence means D will serve a life sentence in prison. True or false?

True

False

Murder is defined in the Homicide Act 1957. True or false?

True

False

The Corporate Manslaughter and Corporate Homicide Act 2007 is relevant to murder. True or false?

True

False

What is the technical, legal, definition of murder?

Where there is an unlawful killing under the Queen's peace.

Where a person unlawfully kills another person, V, under the Queen's peace, and does so with the intention to harm V.

Where there is a killing in the absence of a legal defence.

Where a person unlawfully kills another person, V, under the Queen's peace, and does so with the intention to kill V or to cause V grievous (serious) bodily harm.

For the offence of murder to be made out, V's death must occur within a year and a day of the original incident. True or false?

True

False

The offence of murder can be prosecuted even if D had V's consent. True or false?

True

False

What is the actus reus of murder?

Unlawful causation of death.

Unlawful killing with malice aforethought.

Unlawful killing another human being.

Unlawful killing under the Queen's peace.

What type of crime is murder?

A capital crime.

A result crime.

A summary crime.

A conduct crime.

What type of conduct must D perform for a crime to be murder?

Any conduct that causes death or serious injury.

Any conduct resulting in violence upon a person in being.

Any conduct that causes physical harm.

Any conduct that causes the death of a person in being.

What does "unlawful killing" mean?

That the killing was against the Homicide Act 1957, and lacks any lawful defence

The killing satisfies all actus reus and mens rea elements of murder, and lacks any lawful defence.

That D had the defence of duress or duress of circumstances.

The killing satisfies all actus reus and mens rea elements of murder, and has a lawful defence.

"Causing death" can also mean "accelerating death." True or false?

True

False

The modern mens rea of murder requires malicious intent, or malice. True or false?

True

False

The modern mens rea of murder requires aforethought, or planning. True or false?

True

False

What is the definition of direct intention (in murder)?

The carrying out of conduct in order to cause grievous (serious) bodily harm to V.

The carrying out of conduct in order to cause harm.

The carrying out of conduct in order to cause death or grievous (serious) bodily harm to V.

The carrying out of conduct in order to cause death.

When are a jury entitled to find indirect intention (in murder)?

Where D carries out conduct which is virtually certain to cause death or grievous (serious) bodily harm to V, and D foresees this.

Where death was caused, but D did not mean it to happen.

Where D carries out conduct which is virtually certain to cause death or grievous (serious) bodily harm to V, and D should have foreseen this.

Where death was caused, but D had a partial defence.

D should not be convicted of murder if they were acting involuntarily.
True or false?

True

False

To which crimes do the general defences apply?

Voluntary manslaughter.

Most offences.

Murder.

Strict liability offences.

Which general defences do not apply to murder?

Self-defence and duress.

Insanity and automatism.

Duress and duress of circumstances.

Insanity and intoxication.

The partial defences can apply to all crimes. True or false?

True

False

What are the three partial defences to murder?

Insanity; intoxication; automatism.

Provocation; necessity; suicide pact.

Duress; diminished responsibility; duress of circumstances.

Loss of self-control; diminished responsibility; suicide pact.

What do the "partial defences" do, if successful?

Result in a guilty verdict.

Reduce murder to voluntary manslaughter.

Result in a complete acquittal.

Reduce the outcome to a special verdict.

Owain attacked John with a bat, intending to cause him serious injury. Owain later died in hospital.
What would be the most likely charge?

Murder.

Voluntary manslaughter.

Involuntary manslaughter.

GBH with intent.

Valerie has been charged with murder. You are defending her. She tells you her defence is that she did not mean to kill and had not pre-planned it. Is her "defence" valid?

No – because malice aforethought is not technically needed.

Yes – because she did not mean to do it.

No – because she needs to use a named defence.

Yes – because she lacked malice aforethought.

Dexter repeatedly hit Elijah on the head with a brick. Dexter claims he did not mean to kill, but admits that he realised at the time that death was a virtual certainty.
What type of mens rea is this likely to be found to be?

Malicious intention.

Direct intention.

Reckless intention.

Indirect intention.

Zoe is charged with murder for causing the death of Michael. Zoe tells you that she was living with mental health problems at the time.
What would be the best partial defence to consider, on the facts?

Loss of self-control.

Diminished responsibility.

Duress of circumstances.

Self-defence.

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