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

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LAW03 - Murder

Question 1 of 21

1

Is murder a common law offence?

Select one of the following:

  • Yes

  • No

Explanation

Question 2 of 21

1

Who defined murder?

Select one of the following:

  • Lord Coke

  • Attorney-General

Explanation

Question 3 of 21

3

What are the different elements to the AR of murder?

Select one or more of the following:

  • Unlawful killing

  • Reasonable person in being

  • Under the Queen's peace

  • Malice aforethought expressed or implied

Explanation

Question 4 of 21

1

What is the element of the MR of murder?

Select one or more of the following:

  • Malice aforethought expressed or implied

  • Under the Queen's peace

  • Reasonable person in being

  • Unlawful killing

Explanation

Question 5 of 21

1

What is an omission?

Select one or more of the following:

  • A positive act

  • A failure to act

Explanation

Question 6 of 21

3

What cases can you use for omissions?

Select one or more of the following:

  • Gibbins and Proctor (1918)

  • Pittwood (1902)

  • Miller (1983)

  • Chan Fook (1994)

  • Quick (1973)

Explanation

Question 7 of 21

1

A foetus in the womb consider 'in being'? (Attorney-General's Reference (No.3 of 1994) 1997)

Select one of the following:

  • True
  • False

Explanation

Question 8 of 21

1

Doctors are not permitted to switch off life support machines of 'brain dead' patients without being liable for murder? (Malcherek and Steel 1981)

Select one of the following:

  • True
  • False

Explanation

Question 9 of 21

1

The AR of murder can be present when a prisoner of war is killed but not when an enemy of war is killed?

Select one of the following:

  • True
  • False

Explanation

Question 10 of 21

2

When must the Attorney-General give his consent for a prosecution of murder?

Select one or more of the following:

  • 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

Explanation

Question 11 of 21

1

What is causation?

Select one of the following:

  • 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

Explanation

Question 12 of 21

2

What are the different types of causation?

Select one or more of the following:

  • Factual

  • Legal

  • Lawful

  • Unlawful

Explanation

Question 13 of 21

1

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.

Select one of the following:

  • True
  • False

Explanation

Question 14 of 21

1

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?

Select one of the following:

  • Police

  • Defendant

Explanation

Question 15 of 21

1

What case can be used for legal causation?

Select one of the following:

  • Cato (1976)

  • Kemp (1957)

  • Sullivan (1984)

Explanation

Question 16 of 21

1

Does the case Blaue (1975) illustrate the principle of take your victim as you find him?

Select one of the following:

  • True
  • False

Explanation

Question 17 of 21

2

Which of the following cases had a break in the chain of causation?

Select one or more of the following:

  • Jordan (1956)

  • Smith (1959)

  • Cheshire (1991)

  • Malcherek and Steel (1981)

  • Roberts (1971)

  • Williams (1957)

Explanation

Question 18 of 21

1

Malice has to be present?

Select one of the following:

  • True
  • False

Explanation

Question 19 of 21

1

Aforethought does not need any previous planning or thinking about it before hand?

Select one of the following:

  • True
  • False

Explanation

Question 20 of 21

2

The MR of an intention to kill includes

Select one or more of the following:

  • Intention to kill

  • Intention to cause GBH

  • Intention to cause ABH

  • Intention to do assault or battery

Explanation

Question 21 of 21

1

Moloney (1985), Hancock and Shankland (1986), Nedrick (1986) and Woolling (1998) are all case examples of what?

Select one or more of the following:

  • Foresight of consequences

  • Loss of control

  • Diminished responsibility

Explanation

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