Deck 5: Homicide

Question 1

What is the mens rea of murder?

A) an intention to kill or cause grievous bodily harm
B) an intention to kill
C) foresight of death as a virtual certainty
D) foresight of death or grievous bodily harm

Answer 1

A
Explanation: The mens rea for murder requires proof that the defendant intended to kill or cause grievous bodily harm.

Question 2

Which of the following is not part of the definition of loss of control?

A) The defendant lost his self-control.
B) The defendant faced a qualifying trigger.
C) A person with a normal degree of tolerance and self-restraint would have responded to the trigger as the defendant did.
D) The victim provoked the defendant.

Answer 2

D
Explanation: The defendant (D) can use loss of self-control if he lost self-control as a result of a qualifying trigger and a person of D's sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way..

Question 3

If the defendant successfully raises the defence of loss of control he or she is not guilty of any offence.

Answer 3

False
Explanation: Loss of control is only a defence to murder and if successful reduces the charge to manslaughter.

Question 4

To rely on loss of control the defendant must show she faced a 'qualifying ____.

Question 5

Which of the following would definitely amount to a qualifying trigger?

A) V had made a minor racial insult against D.
B) V annoyed D.
C) V caused D to lose his self-control
D) D feared serious violence from V

Question 6

To be able to use diminished responsibility the defendant must show he was suffering from an _____ of mental functioning.

Question 7

Which of the following are elements of the offence of constructive manslaughter? [Please select all that apply]

A) The defendant committed an unlawful act.
B) The defendant committed a dangerous act.
C) The defendant foresaw that his act might kill the victim.
D) The defendant's act caused the death of the victim.

Question 8

An act is dangerous for the purposes of constructive manslaughter if it is likely to cause a physical or emotional harm.

Question 9

To be guilty of gross negligence manslaughter it must be shown that the defendant owed the victim a ______.

Question 10

In gross negligence manslaughter how do a jury decide if negligence is 'gross'?

A) They consider whether they are disgusted by what the defendant did.
B) They give 'gross' its everyday meaning.
C) They consider whether the defendant behaved in a way which was bad enough to deserve a criminal conviction.
D) They consider whether the defendant should pay the victim a very large sum of compensation.