4.A-LEVEL LAW PAPER 1 QUESTIONS AND ANSWERS
AR of murder - correct answer Unlawfully cause death of a human being
Under Queen's Peace r v clegg
Not a fetus R V Copeland
Causes death r v malcherek
Act or omission r v gibbons and proctor
MR of murder - correct answer malice aforethought
Intention to kill or cause GBH r v Vickers
Direct intent- intent to bring about consequence r v mohan
Oblique intent- virtually certain consequence r v woolin
Loss of Control Test - correct answer s.54/55 coroners justice act 2009
D must lose self control:
Not immediate r v dawes
Cant be for revenge r v ibrahms
Qualifying trigger:
Fear- of serious violence against d or another r v ward
Anger- things said or done of an extremely grave character giving d the justifiable sense of
being wronged r v Clinton
Age and sex:
Someone of ds age and sex with a normal degree of tolerance would've acted the same way r v
camplin
Diminished responsibility - correct answer S2 Homicide Act 1957
D has abnormality of functioning arising from a recognised medical condition:
Depression r v martin
Battered woman syndrome aluwalia
, Pre menstrual syndrome English
Irresistible impulses r v byrne
Which substantially impairs ds ability to:
Form a rational judgement martin
Understand nature of their conduct English
Exercise self control bryne not total- Lloyd
The abnormality explains ds part in the killing:
Not intoxication r v dietchsman
Unlawful Act Manslaughter - correct answer victim dies as a result of ds unlawful act
Needs to be a criminal act:
R v lamb
Act needs to be dangerous:
Sober and reasonable man recognises risk of harm r v church r v jm+sm
Causation:
But for- must cause death cato
Operative and substantial r v smith
Mr of criminal act:
Doesn't need to forsee result newbury and jones
Gross negligence manslaughter - correct answer victim died as a result of ds negligence
Duty of care:
Take reasonable care of neighbour adomako donaughue and Stevenson
Breach of duty:
Omission
Causation:
But for, operative and substantial
AR of murder - correct answer Unlawfully cause death of a human being
Under Queen's Peace r v clegg
Not a fetus R V Copeland
Causes death r v malcherek
Act or omission r v gibbons and proctor
MR of murder - correct answer malice aforethought
Intention to kill or cause GBH r v Vickers
Direct intent- intent to bring about consequence r v mohan
Oblique intent- virtually certain consequence r v woolin
Loss of Control Test - correct answer s.54/55 coroners justice act 2009
D must lose self control:
Not immediate r v dawes
Cant be for revenge r v ibrahms
Qualifying trigger:
Fear- of serious violence against d or another r v ward
Anger- things said or done of an extremely grave character giving d the justifiable sense of
being wronged r v Clinton
Age and sex:
Someone of ds age and sex with a normal degree of tolerance would've acted the same way r v
camplin
Diminished responsibility - correct answer S2 Homicide Act 1957
D has abnormality of functioning arising from a recognised medical condition:
Depression r v martin
Battered woman syndrome aluwalia
, Pre menstrual syndrome English
Irresistible impulses r v byrne
Which substantially impairs ds ability to:
Form a rational judgement martin
Understand nature of their conduct English
Exercise self control bryne not total- Lloyd
The abnormality explains ds part in the killing:
Not intoxication r v dietchsman
Unlawful Act Manslaughter - correct answer victim dies as a result of ds unlawful act
Needs to be a criminal act:
R v lamb
Act needs to be dangerous:
Sober and reasonable man recognises risk of harm r v church r v jm+sm
Causation:
But for- must cause death cato
Operative and substantial r v smith
Mr of criminal act:
Doesn't need to forsee result newbury and jones
Gross negligence manslaughter - correct answer victim died as a result of ds negligence
Duty of care:
Take reasonable care of neighbour adomako donaughue and Stevenson
Breach of duty:
Omission
Causation:
But for, operative and substantial
