Chapter 5 Multiple choice questions

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. Jaspreet kills her boyfriend after an argument. She is charged with murder and wishes to claim that she suffered a loss of control. If successful, what specific offence will she be convicted of?

Homicide correct incorrect

Involuntary manslaughter by loss of control correct incorrect

Voluntary manslaughter by loss of control correct incorrect

Murder correct incorrect

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. Which of the following is NOT sufficient mens rea for murder?

Foresight of the possibility of death or GBH correct incorrect

Malice aforethought correct incorrect

Intention to kill correct incorrect

Intention to cause GBH correct incorrect

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. Which of the following is NOT an actus reus requirement of murder?

Unlawful killing correct incorrect

Death within a year and a day correct incorrect

Death of a human being correct incorrect

Under the Queen's Peace correct incorrect

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. Which ONE of the following is loss of control a defence to?

Wounding or causing GBH with intent under s.18, Offences Against the Person Act 1861 correct incorrect

Manslaughter correct incorrect

Attempted murder correct incorrect

Murder correct incorrect

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. Which ONE of the statements below about loss of control is FALSE?

The loss of control is a partial defence. correct incorrect

D must not act in a considered desire for revenge. correct incorrect

The loss of control must have a qualifying trigger. correct incorrect

The loss of control must be sudden. correct incorrect

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. What is the former common law authority for the proposition that a delay does not preclude the defence of provocation, but the longer the delay the less likely the defence is to succeed?

Thornton (1993) correct incorrect

Ibrams and Gregory (1981) correct incorrect

Ahluwalia (1993) correct incorrect

Humphreys (1995) correct incorrect

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. Which of the following statements about the defence of diminished responsibility is FALSE?

An abnormality of mental functioning required for the defence of diminished responsibility is construed very narrowly. correct incorrect

An abnormality of mental functioning must arise from a recognised medical condition. correct incorrect

The abnormality of mental functioning must provide an explanation for the defendant's conduct. correct incorrect

The abnormality of mental functioning must substantially impair D's ability to understand the nature of his conduct, for a rational judgment or exercise self-control. correct incorrect

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. For the defence of loss of control which of the characteristics below are taken into account in assessing the level of self-control to be expected of the defendant?

Depression correct incorrect

Age correct incorrect

Addiction to glue-sniffing correct incorrect

All of the above correct incorrect

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. Which of the following characteristics may be taken into account in assessing the gravity of the provocation in respect of the defence of loss of control?

Impotence correct incorrect

Age and sex correct incorrect

Depression correct incorrect

All of the above correct incorrect

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. Which ONE of the following statements is FALSE?

The burden of disproving diminished responsibility is on the prosecution. correct incorrect

The burden of disproving loss of control is on the prosecution. correct incorrect

The standard of proof in respect of diminished responsibility is on a balance of probabilities. correct incorrect

The standard of proof in respect of loss of control is beyond reasonable doubt. correct incorrect