Homicide Exam Questions With Verified Solutions

Homicide Exam Questions With Verified Solutions vickers (murder) - answerintention to cause gbh is sufficient for the mens rea of murder, don't need specific intention to kill moloney (murder) - answerforesight of consequences is only evidence from which the intention for murder may be found woollin (murder) - answerthe jury are not entitled to find the necessary intention unless they feels sure that death or serious bodily harm was a virtual certainty as a result of the d's act and that d realised this 2 partial defences for voluntary manslaughter: - answer1. loss of control 2. diminished responsibility 3 partial defences for involuntary manslaughter: - answer1. constructive manslaughter 2. gross negligence manslaughter 3. reckless manslaughter zebedee (loss of control) - answerthere must be circumstances of extremely grave danger clinton (loss of control) - answersexual infidelity on its own cannot be a qualifying trigger, but may be considered if integral to whole context r v rejmanski (loss of control) - answerheld that ptsd as excuse wasn't significant enough to contribute to loss of control r v gassman (loss of control) - answerheld that personality disorder was irrelevant to losing control s.55(6) coroners and justice act 2009 excludes the following to be qualifying triggers: - answer(a)D's fear of serious violence is to be disregarded to the extent that it was caused by a thing which D incited to be done or said for the purpose of providing an excuse to use violence; (b)a sense of being seriously wronged by a thing done or said is not justifiable if D incited the thing to be done or said for the purpose of providing an excuse to use violence; (c)the fact that a thing done or said constituted sexual infidelity is to be disregarded.