1784164
Description
Quiz by lucy.warnes, updated more than 1 year ago
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Created by lucy.warnes
almost 10 years ago
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Question 1
Question
Is murder a common law offence?
Answer
-
Yes
-
No
Question 2
Question
Who defined murder?
Answer
-
Lord Coke
-
Attorney-General
Question 3
Question
What are the different elements to the AR of murder?
Answer
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Unlawful killing
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Reasonable person in being
-
Under the Queen's peace
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Malice aforethought expressed or implied
Question 4
Question
What is the element of the MR of murder?
Answer
-
Malice aforethought expressed or implied
-
Under the Queen's peace
-
Reasonable person in being
-
Unlawful killing
Question 5
Question
What is an omission?
Answer
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A positive act
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A failure to act
Question 6
Question
What cases can you use for omissions?
Answer
-
Gibbins and Proctor (1918)
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Pittwood (1902)
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Miller (1983)
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Chan Fook (1994)
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Quick (1973)
Question 7
Question
A foetus in the womb consider 'in being'? (Attorney-General's Reference (No.3 of 1994) 1997)
Answer
- True
- False
Question 8
Question
Doctors are not permitted to switch off life support machines of 'brain dead' patients without being liable for murder? (Malcherek and Steel 1981)
Answer
- True
- False
Question 9
Question
The AR of murder can be present when a prisoner of war is killed but not when an enemy of war is killed?
Answer
- True
- False
Question 10
Question
When must the Attorney-General give his consent for a prosecution of murder?
Answer
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If death occurs more than three years after the injury occurred
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Where a person has already been found guilty of an offence that was connected to the circumstances of the death
-
Where a British citizen has been arrested for alleged murder outside of the UK
Question 11
Question
What is causation?
Answer
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The direct and unbroken link between the D's act and its criminal consequence
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Where the AR of an offence has passed from the intended V to the actual V
Question 12
Question
What are the different types of causation?
Answer
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Factual
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Legal
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Lawful
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Unlawful
Question 13
Question
Factual causation - In White (1910) the D poisoned his mothers drink with the intention of killing her but the chain of causation was broken because her actual cause of death was a myocardial infarction.
Answer
- True
- False
Question 14
Question
Factual causation - In Pagett (1983) a police bullet killed the V who was being held as a human shield by the D. Who was responsible for the V's death?
Answer
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Police
-
Defendant
Question 15
Question
What case can be used for legal causation?
Answer
-
Cato (1976)
-
Kemp (1957)
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Sullivan (1984)
Question 16
Question
Does the case Blaue (1975) illustrate the principle of take your victim as you find him?
Answer
- True
- False
Question 17
Question
Which of the following cases had a break in the chain of causation?
Answer
-
Jordan (1956)
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Smith (1959)
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Cheshire (1991)
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Malcherek and Steel (1981)
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Roberts (1971)
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Williams (1957)
Question 18
Question
Malice has to be present?
Answer
- True
- False
Question 19
Question
Aforethought does not need any previous planning or thinking about it before hand?
Answer
- True
- False
Question 20
Question
The MR of an intention to kill includes
Answer
-
Intention to kill
-
Intention to cause GBH
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Intention to cause ABH
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Intention to do assault or battery
Question 21
Question
Moloney (1985), Hancock and Shankland (1986), Nedrick (1986) and Woolling (1998) are all case examples of what?
Answer
-
Foresight of consequences
-
Loss of control
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Diminished responsibility
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