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Some examples from this set of practice questions
1.
What is the definition of murder?
Answer: Unlawful killing of another person in the Queen\'s peace
2.
Is murder a result crime or a conduct crime?
Answer: Result crime
3.
Who is defined as being a person under the definition of murder
Answer: Victims of murder must be a human; foetuses are not yet persons in law
4.
What is the mens rea of murder
Answer: An intention to kill or cause grievous bodily harm (GBH)
5.
what does GBH mean?
Answer: Really serious harm
6.
Where is diminished responsibility defined?
Answer: Homocide Act 1957, s.2 (as amended by Coroner\'s and Justice Act 2009)
7.
What is diminished responsibility?
Answer: D is claiming that because of her medical condition she should be partially excused. She should not be held to the standard of the ordinary person
8.
Who is the burden of proof on in diminished responsibility cases
Answer: On a charge of murder, it shall be for the defence to prove that the person charged is by virtue of this section not liable to be convicted of murder - this is found in s2(2) Homocide Act 1957
9.
What are the 4 stages of a diminished responsibility defence
Answer: Abnormality of mental functioning: s. 2(1) Arising from a recognised medical condition: s. 2(1)(a) Substantial impairment of D’s ability in one or more of 3 ways: s. 2(1)(b) Explanation for D’s acts and omissions: s. 2(1B
10.
What is an abnormality of mental functioning? and in which case is this found?
Answer: R v. Byrne [1960] 2 Q.B. 396. Refers to volitional and cognitive control by the mind It was said that abnormal meant so different from that of an ordinary person that the reasonable man would term it abnormal.
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