LAW A-Level AQA Questions with
Correct Answers
Diminished Responsibility: Act - correct answers-s.2 of the Homocide Act amended by the Coroners and
Justice Act 2009
Diminished Responsibility: Definition - correct answers-A person who kills or is a part of the killing of
another is not to be convicted of murder if he was suffering from an abnormality of mental functioning
which -
a) arose from a recognised medical condition
b) substantially impaired D's ability to
(1) understand the nature of his conduct, or
(2) form a rational judgement, or
(3) exercise self-control.
c) and provides an explanation for D's acts and omissions in doing or being a party to the killing.
Diminished Responsibility: Burden of Proof - correct answers-It is on the D and he needs to prove it on
the balance of probablilities.
Diminished Responsibility: CASES - correct answers-R v Byrne - psychopathy
R v Aluwalia - battered woman syndrome
R v Martin - paranoia
Kerrie Gray - PTSD
Tandy - alcohol dependancy syndrome
Andrew Wragg - mercy killing
Diminished Responsibility: Substantial Impairment - correct answers-Once it has been established that
the D was suffering from an abnormality of mental functioning which arose from a recognised medical
condition, it must be shown that the abnormality substantially impaired his ability to understand the
nature of his conduct or form a rational judgement, or exercsie self-control.
Loss of Control: Act - correct answers-S.54 and 55 of the Coroners and Justice Act 2009
Loss of Control: Definition - correct answers-This is a partial defence to a charge of MURDER only. If it is
accepted then murder is reduced to manslaughter.
1) Where a person kills or is a party to the killing of another, D is not convicted of murder if:
(a) D's act and omission on doing or being a party to the killing resulted from D's loss of self-control
, (b) the loss of self-control had a qualifying trigger, and
(c) a person of D's sex and age with a normal degree of tolerance and self-restraint in their
circumstances of D's might have reacted in the same or similar way to D.
Loss of Control: Qualifying Trigger - correct answers-It doesn't matter whether or not the loss of control
was sudden or a slow burn. A slow burn reaction will suffice as well as an immediate loss of control.
Loss of Control: Domestic Homicides - correct answers-Woman are not strong enough with bare hands
so she has to use a weapon when he is not able to disarm her - Waits till he is asleep so loos of control
becomes revenge - Ibrams v Gregory
Loss of Control: Subjective Test - correct answers-The JURY must decide if the D lost control and they
must decide if the loss of control was caused by a qualifying trigger s.55 sets out what amounts to a QT -
fear and anger trigger
Loss of Control: Fear Trigger - correct answers-Fear of SERIOUS violence to D
- The Jury need to decide after being directed by the trial judge to use their common sense.
-Neither trigger will come into play if the V was incited by the D as an excuse for himself to use violence.
Loss of Control: Anger Trigger - correct answers-Something said or done of an extremely grave character
which caused D to have a justifiabe sense of being seriously wronged.
-The Jury need to decide after being directed by the trial judge to use their common sense.
-Neither trigger will come into play if the V was incited by the D as an excuse for himself to use violence.
Loss of Control: Sexual Infidelity - correct answers-Sexual infidelity is to be disregarded = this is not a
defence to allege that the cause of loss of control was that a partner had been unfaithful.
Loss of Control: Objective Test - correct answers-
Loss of Control: R v Clinton 2012 - correct answers-
Loss of Control: Burden of Proof - correct answers-
Involuntary Manslaughter: Definition - correct answers-Involuntary Manslaughter is where the actus
reus of an unlawful homicide has taken place, but without the mens rea for murder.
There are 2 types of Invol' mansl' :
Correct Answers
Diminished Responsibility: Act - correct answers-s.2 of the Homocide Act amended by the Coroners and
Justice Act 2009
Diminished Responsibility: Definition - correct answers-A person who kills or is a part of the killing of
another is not to be convicted of murder if he was suffering from an abnormality of mental functioning
which -
a) arose from a recognised medical condition
b) substantially impaired D's ability to
(1) understand the nature of his conduct, or
(2) form a rational judgement, or
(3) exercise self-control.
c) and provides an explanation for D's acts and omissions in doing or being a party to the killing.
Diminished Responsibility: Burden of Proof - correct answers-It is on the D and he needs to prove it on
the balance of probablilities.
Diminished Responsibility: CASES - correct answers-R v Byrne - psychopathy
R v Aluwalia - battered woman syndrome
R v Martin - paranoia
Kerrie Gray - PTSD
Tandy - alcohol dependancy syndrome
Andrew Wragg - mercy killing
Diminished Responsibility: Substantial Impairment - correct answers-Once it has been established that
the D was suffering from an abnormality of mental functioning which arose from a recognised medical
condition, it must be shown that the abnormality substantially impaired his ability to understand the
nature of his conduct or form a rational judgement, or exercsie self-control.
Loss of Control: Act - correct answers-S.54 and 55 of the Coroners and Justice Act 2009
Loss of Control: Definition - correct answers-This is a partial defence to a charge of MURDER only. If it is
accepted then murder is reduced to manslaughter.
1) Where a person kills or is a party to the killing of another, D is not convicted of murder if:
(a) D's act and omission on doing or being a party to the killing resulted from D's loss of self-control
, (b) the loss of self-control had a qualifying trigger, and
(c) a person of D's sex and age with a normal degree of tolerance and self-restraint in their
circumstances of D's might have reacted in the same or similar way to D.
Loss of Control: Qualifying Trigger - correct answers-It doesn't matter whether or not the loss of control
was sudden or a slow burn. A slow burn reaction will suffice as well as an immediate loss of control.
Loss of Control: Domestic Homicides - correct answers-Woman are not strong enough with bare hands
so she has to use a weapon when he is not able to disarm her - Waits till he is asleep so loos of control
becomes revenge - Ibrams v Gregory
Loss of Control: Subjective Test - correct answers-The JURY must decide if the D lost control and they
must decide if the loss of control was caused by a qualifying trigger s.55 sets out what amounts to a QT -
fear and anger trigger
Loss of Control: Fear Trigger - correct answers-Fear of SERIOUS violence to D
- The Jury need to decide after being directed by the trial judge to use their common sense.
-Neither trigger will come into play if the V was incited by the D as an excuse for himself to use violence.
Loss of Control: Anger Trigger - correct answers-Something said or done of an extremely grave character
which caused D to have a justifiabe sense of being seriously wronged.
-The Jury need to decide after being directed by the trial judge to use their common sense.
-Neither trigger will come into play if the V was incited by the D as an excuse for himself to use violence.
Loss of Control: Sexual Infidelity - correct answers-Sexual infidelity is to be disregarded = this is not a
defence to allege that the cause of loss of control was that a partner had been unfaithful.
Loss of Control: Objective Test - correct answers-
Loss of Control: R v Clinton 2012 - correct answers-
Loss of Control: Burden of Proof - correct answers-
Involuntary Manslaughter: Definition - correct answers-Involuntary Manslaughter is where the actus
reus of an unlawful homicide has taken place, but without the mens rea for murder.
There are 2 types of Invol' mansl' :
