Question 1

Which of the following is an accurate description of voluntary manslaughter?&#10;A) Causing the death of a person without the mens rea of murder&#10;B) Causing the death of a person with an intention to kill or cause GBH&#10;C) Causing the death of a person with an intention to kill or cause GBH and a special defence&#10;D) Recklessly causing the death of a person

Accepted Answer

Voluntary manslaughter involves an intention to kill or cause grievous bodily harm (GBH) but is mitigated by a special defense such as provocation or diminished responsibility.

Question 2

Which of the following is not sufficient mens rea for murder?&#10;A) Intention to cause really serious harm&#10;B) Malice aforethought&#10;C) Foresight that death is virtually certain to occur&#10;D) Premeditation

Accepted Answer

Premeditation is not a required element for murder; intention to cause serious harm, malice aforethought, or foresight of virtual certainty of death can suffice.

Question 3

Loss of control is a defence to which ONE of the following offences?&#10;A) Attempted murder&#10;B) Involuntary manslaughter&#10;C) Voluntary manslaughter&#10;D) Murder

Accepted Answer

Loss of control is a partial defence to murder, which can reduce the charge to voluntary manslaughter if successfully proven.

Question 4

Which case is authority for the principle that sexual infidelity may be considered as part of the contextual background to a case of loss of control?&#10;A) Clinton (2012)&#10;B) Asmelash (2013)&#10;C) Dawes; Hatter; Bowyer (2013)&#10;D) Zebedee (2013)

Accepted Answer

The case of Clinton (2012) established that sexual infidelity can be considered as part of the contextual background in cases of loss of control, although it cannot be a qualifying trigger on its own.

Question 5

Which of the following statements about loss of control is FALSE?&#10;A) Loss of control does not require the defendant to suffer a sudden loss of control&#10;B) A delay will not automatically negate the defence of loss of control&#10;C) A considered desire for revenge will not automatically negate the defence of loss of control&#10;D) The prosecution bears the legal burden in respect of loss of control.

Accepted Answer

A considered desire for revenge will negate the defence of loss of control, as the defence is not available if the defendant acted in a calculated manner rather than losing control.

Question 6

According to s.54(1)-c-, Coroners and Justice Act 2009 which of the following characteristics are likely to be taken into account in assessing the level of self-control to be expected of the defendant?

A) Intoxication
B) Sex
C) Depression
D) Impotence

Accepted Answer

The answer of According to s.54(1)-c-, Coroners and Justice Act...

Question 7

Which of the following statements about diminished responsibility is FALSE?&#10;A) The burden of disproving diminished responsibility is on the prosecution&#10;B) Diminished responsibility is no defence to attempted murder&#10;C) The abnormality of mental functioning must arise from a recognised medical condition&#10;D) There must be medical evidence to support the fact that the defendant was suffering from an abnormality of mental functioning

Accepted Answer

The burden of proving diminished responsibility is on the defendant, not the prosecution.

Question 8

Which of the following conditions is NOT likely to amount to an abnormality of mental functioning for the purposes of diminished responsibility?&#10;A) Pre-menstrual syndrome&#10;B) Self-induced intoxication&#10;C) Depression&#10;D) Morbid jealousy

Accepted Answer

Self-induced intoxication is generally not considered an abnormality of mental functioning for the purposes of diminished responsibility, as it is a temporary state caused by voluntary consumption of substances.

Deck 5: Murder and Voluntary Manslaughter