Chapter 6 Self-test questions

All forms of manslaughter come from statute.
True or false?

True

False

What is the maximum possible sentence for manslaughter?

A mandatory life sentence.

A custodial sentence of 18 months.

A discretionary life sentence.

A custodial sentence of 3 years.

Manslaughter is a very narrow offence.
True or false?

True

False

What is the difference between voluntary and involuntary manslaughter?

One is a step down from murder, and the other covers culpable conduct where a murder charge is unsuitable.

One covers criminal acts - the other, legal acts gone wrong.

One is murder by name, but where a general defence applies, and the other covers a range of otherwise legal behaviours.

One covers fatalities - the other, offences against the person.

Murder and manslaughter are the only fatal offences.
True or false?

True

False

Voluntary manslaughter can be charged as a stand-alone offence.
True or false?

True

False

What is the practical effect of successfully pleading a partial defence and reducing murder to voluntary manslaughter?

It avoids a mandatory life sentence, but automatically leads to a discretionary life sentence,

It avoids a mandatory life sentence, but still results in a conviction and sentence (which is usually non-custodial).

It results in a complete acquittal of D.

It avoids a mandatory life sentence, but still results in a conviction and sentence (which is usually custodial).

What are the components of the partial defence of loss of self-control?

Loss of self-control; Qualifying trigger; Objective test.

Loss of self-control; Omission; Causation.

Loss of self-control; A medical condition; Subjective test.

Loss of self-control; Sudden and temporary anger; Death.

The partial defence of provocation has been abolished.
True or false?

True

False

What are the components of the partial defence of diminished responsibility?

An abnormality of mental functioning; which must have substantially impaired D's ability to understand the nature of their conduct, form a rational judgment; or exercise self-control; and that the "abnormality" must provide an explanation for the killing.

An abnormality of mental functioning, which arose from a recognised medical condition; which must have substantially impaired D's ability to understand the nature of their conduct, form a rational judgment; or exercise self-control; and that the "abnormality" must provide an explanation for the killing.

An abnormality of mental functioning, which arose from a recognised medical condition; which must have substantially impaired D's ability to understand the nature of their conduct, form a rational judgment; or exercise self-control.

An abnormality of mental functioning, which arose from a recognised medical condition; a fear of serious violence coming from V, against D or another; and/or a thing said or done which constituted circumstances of an extremely grave character and caused D to have a justifiable sense of being seriously wronged; and that the "abnormality" must provide an explanation for the killing.

Involuntary manslaughter can be charged as a stand-alone offence.
True or false?

True

False

What are the elements of unlawful act (constructive) manslaughter?

An unlawful act (the "base offence"); The mens rea for murder; A partial defence.

An unlawful act (the "base offence"); Objective dangerousness; Causation of death.

An unlawful act (the "base offence"); Objective dangerousness; A partial defence.

An unlawful act (the "base offence"); Objective dangerousness; an omission to act.

Which of these cases made the most significant changes to the test for unlawful act (constructive) manslaughter?

Farnon & Ellis [2015] EWCA Crim 381.

Wallace [2018] EWCA Crim 690.

JM & SM [2012] EWCA Crim 2292.

Slingsby [1995] Crim LR 570.

What are the elements of gross negligence manslaughter?

A duty of care; An unlawful act; Causation of death; Gross negligence.

A duty of care; Breach of that duty; Reasonable foresight; Causation of death; Gross negligence.

A duty of care; Breach of that duty; Causation of death; Gross negligence.

A duty of care; Breach of that duty; Objective dangerousness; Causation of death; Gross negligence.

Which of these cases created the test for gross negligence manslaughter?

JM & SM [2012] EWCA Crim 2292.

Evans [2009] EWCA Crim 650.

Willoughby [2009] Crim LR 389.

Adomako [1994] 3 All ER 79.

What are the elements of corporate manslaughter?

A duty of care; Reasonable foresight; Gross negligence.

An intention to kill or to cause GBH; Causation of death; Gross breach.

A duty of care; Breach of duty; Causation of death; Gross breach.

An unlawful act (the "base offence"); Objective dangerousness; Causation of death.

Corporate manslaughter is the only available charge for deaths in the workplace. True or false?

True

False

Can a company commit gross negligence manslaughter?

Yes – because it is an offence of gross negligence.

No – because a company can only commit murder.

Yes – because a company can commit any homicide offence.

No – because a company can only commit corporate manslaughter.

Please select all of the road traffic offences which could result from a death caused by driving.

Causing death by dangerous driving; Causing death by careless driving ("without due care and attention"); Causing death by careless driving while unfit through drink or drugs;
Causing death while driving unlawfully.

Causing death by drink driving; Causing death by excess speed.

Causing death by dangerous driving; Causing death by careless driving ("without due care and attention"); Gross negligence manslaughter; Unlawful act manslaughter;
Causing death while driving unlawfully.

Causing death by dangerous driving; Murder.

What is the definition of infanticide?

Where a mother (D) kills any child (V), within the first 10 years of its life; and, at the time of the killing, her mind was disturbed by a recognised medical condition

Where a mother (D) kills her child (V) within the first 6 months of its life; and, at the time of the killing, D's mind was disturbed due to the birth or due to her lactation as a result of the birth.

Where a mother (D) kills any child (V), within the first year of its life; and, at the time of the killing, her mind was disturbed by a recognised medical condition.

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

Quiz Content

Select a Topic