Literature Quiz / Criminal Law - Murder

Random Literature Quiz

Can you name the Criminal Law Cases for Murder?

Quiz not verified by Sporcle

Challenge
Share
Tweet
Embed
Score 0/37 Timer 08:00
TopicCase
AR - an unborn baby is not capable of independent life - cannot form AR for murder
AR - It becomes 'a reasonable person' capable of independent life, once expelled fom the womb (even if umbilical cord remains attached)
AR - But For Test: poisoned milk
AR - Consequence must be caused by D’s act (Victim would have died anyway)
AR - D’s act may be one of many causes
AR - 'Substantial' need not be 'really serious', but merely more than trifling
AR - Medical Negligence will not break the chain of causation
AR - Unless so severe that it becomes the Operating & Substantial cause of death
AR - 3rd party interventions will not break the chain unless they are 'Free, Deliberate & Informed'
AR - The Thin Skull Rule will apply
AR - Escape attempts will only break the chain when they are not Reasonably Foreseeable
AR - ...or when they are 'So Daft', no Reasonable Person could Foresee it
AR - ...However, a victim's personal characteristics may be taken into account
AR - Refusal to accept lifesaving treatment/Blood Transfusion will not break the chain
AR - 'Suicidal' acts of the victim will not break the chain if this is related to the original act/injury
MR - Intention to kill or to Cause GBH
MR - Oblique Intention can be inferred from 'Virtual Certainties'
MR - A Motive can be used as evidence for intention, but it is not the same
MR - MR directed at another can transfer to the unintended victim
TopicCase
MR - Transfer of MR is restrictd to the same offence
AR/MR - Coincidence can be made out by a continuing act
AR/MR - One Transaction Theory (or Entire Event)
AR/MR - Ignorance of the law is No Excuse
Loss of Control - The prosecution need only disprove one element
LC - Can be merely partial or momentary
LC - It need not be sudden, but long-term (Though extensive planning & delay will suggest no LC)
LC - 'Fear of Serious Violence' is a subjective test, that will tend to operate where self-defence fails
LC - 'Things Said or Done' must be judged Objectively
LC - The Def. must have planned from the outset to provoke a reaction to 'justify' his acts for the defence to fail
LC - Sexual Infidelity may be considered as part of the qualifying trigger in conjunction with other operating elements
LC - If Drunkeness is the only reason for LC, the defence will fail
Diminished Responsibility - Abnormality of Mental Functioning
DR - Medical condition must be sufficiently serious to be considered as a defence (focus is on involuntary compulsions)
DR - Causing a partial loss of self-control will suffice
DR - Whether the mental abnormality explains the Def's act will be ultimately determined by the Jury (not the medical expert)
DR - Drunkeness will not defeat the offence, if there is an abnormality operating independently
DR - A jury may consider the Extend/Seriousness, ability to exercise Self-Control; abstinence, etc, concerning the Def's Alcoholism

You're not logged in!

Compare scores with friends on all Sporcle quizzes.
Sign Up with Email
OR
Log In

You Might Also Like...

Show Comments

Extras

Top Quizzes Today


Score Distribution

Your Account Isn't Verified!

In order to create a playlist on Sporcle, you need to verify the email address you used during registration. Go to your Sporcle Settings to finish the process.