LAW03 - Murder

lucy.warnes
Quiz by lucy.warnes, updated more than 1 year ago
lucy.warnes
Created by lucy.warnes over 6 years ago
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Description

Quiz on LAW03 - Murder, created by lucy.warnes on 12/11/2014.

Resource summary

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
  • Unlawful killing
  • Reasonable person in being
  • Under the Queen's peace
  • 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
  • A positive act
  • A failure to act

Question 6

Question
What cases can you use for omissions?
Answer
  • Gibbins and Proctor (1918)
  • Pittwood (1902)
  • Miller (1983)
  • Chan Fook (1994)
  • 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
  • If death occurs more than three years after the injury occurred
  • 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
  • The direct and unbroken link between the D's act and its criminal consequence
  • 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
  • Factual
  • Legal
  • Lawful
  • 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
  • Police
  • Defendant

Question 15

Question
What case can be used for legal causation?
Answer
  • Cato (1976)
  • Kemp (1957)
  • 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)
  • Smith (1959)
  • Cheshire (1991)
  • Malcherek and Steel (1981)
  • Roberts (1971)
  • 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
  • Intention to cause ABH
  • 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
  • Diminished responsibility
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