SQE 1 - Criminal Law (Homicide offences) ACTUAL EXAM
2026/2027 PRACTICE QUESTIONS AND STUDY GUIDE ALL
COMPLETE ACCURATE EXAM APPROVED QUESTIONS AND
CORRECT DETAILED SOLUTIONS WITH RATIONALES (100%
CORRECT VERIFIED ANSWERS) NEWEST UPDATED VERSION
2026 EDITION |GUARANTEED
As unborn children/foetus' are not deemed human beings, what
laws provide them protection?
- s58 OAP 1861
- Abortion Act 1967
- Infant Life (Preservation) Act 1929
What is 'The killing must be unlawful'?
- Murder element
An 'unlawful killing' requires all elements of the actus reus and mens
rea for murder to be fulfilled and dor no defences to be available.
(e.g. some defences such as self-defence would render killing
lawful
,Are all defences available if a defendant is charged with murder?
No, not all defences are available. For example, consent cannot be
given by a victim to their own killing.
What is D must have caused death?
- Murder element
Murder is a result crime, this means that the prosecution must prove
that the defendant was both the factual and legal cause of death, it
is not essential
that D is the only cause of death.
As everyone eventually dies, for this element we are looking for an
acceleration of death. In law, a person is considered as having
died once they are brain dead.
DPP v Daley
Airedale NHS Trust v Bland
(page 46 QLTS)
What is the killing must take place at a time of peace?
- Murder element
Reference to King's speech simply excludes the killing of enemy of
forces during a time of war.
,What is D must intend to kill or cause GBH?
- Murder element
The mens rea of murder is that the defendant must kill with malice
afterthought.
What is malice afterthought?
Malice afterthought is a technical term and there is no requirement for
premeditation or ill will. The defendant need only to intend to kill
or intent to cause GBH (this essentially means serious harm).
What are the different intentions available for murder?
1. Direct intention to kill
2. Direct intention to cause GBH
3. Oblique intention to kill
4. Oblique intention to cause GBH
What is direct intention to kill?
D possess the intention to bring another person's death. For example,
Mark stands directly in front of Sam and shoots her in the head with a
gun. Mark clearly had the intention to kill.
, What is a direct to cause GBH?
D does not possess the intention to kill, but does possess the
intention to cause serious injury to another person. For example,
Sam punches Mark in the face numerous times. Mark dies from his
injuries. Sam did not intend to kill Mark, but did intend to cause
him serious harm.
What is an oblique intention to kill?
D does not possess the intention to kill, but death was a virtual
certainty as a result of D's conduct, and D appreciated this certainty.
For example, Mark shoots Sam in the stomach with a gun. Mark
does not wish to kill Sam, but he does appreciate that death is a
virtually certain result of shooting someone in the stomach.
What is an oblique intention to cause GBH?
D does not possess the intention to cause GBH, but serious injury was
a
virtual certainty as a result of D's conduct, and D appreciated this
certainty. Sam throws a number of large rocks from her bedroom
window at Mark, who is standing outside on the ground. Sam
intends to cause Mark serious injury. Sam appreciates, however,
that serious injury is a virtually certain
result of throwing large rocks at another from a great height.
2026/2027 PRACTICE QUESTIONS AND STUDY GUIDE ALL
COMPLETE ACCURATE EXAM APPROVED QUESTIONS AND
CORRECT DETAILED SOLUTIONS WITH RATIONALES (100%
CORRECT VERIFIED ANSWERS) NEWEST UPDATED VERSION
2026 EDITION |GUARANTEED
As unborn children/foetus' are not deemed human beings, what
laws provide them protection?
- s58 OAP 1861
- Abortion Act 1967
- Infant Life (Preservation) Act 1929
What is 'The killing must be unlawful'?
- Murder element
An 'unlawful killing' requires all elements of the actus reus and mens
rea for murder to be fulfilled and dor no defences to be available.
(e.g. some defences such as self-defence would render killing
lawful
,Are all defences available if a defendant is charged with murder?
No, not all defences are available. For example, consent cannot be
given by a victim to their own killing.
What is D must have caused death?
- Murder element
Murder is a result crime, this means that the prosecution must prove
that the defendant was both the factual and legal cause of death, it
is not essential
that D is the only cause of death.
As everyone eventually dies, for this element we are looking for an
acceleration of death. In law, a person is considered as having
died once they are brain dead.
DPP v Daley
Airedale NHS Trust v Bland
(page 46 QLTS)
What is the killing must take place at a time of peace?
- Murder element
Reference to King's speech simply excludes the killing of enemy of
forces during a time of war.
,What is D must intend to kill or cause GBH?
- Murder element
The mens rea of murder is that the defendant must kill with malice
afterthought.
What is malice afterthought?
Malice afterthought is a technical term and there is no requirement for
premeditation or ill will. The defendant need only to intend to kill
or intent to cause GBH (this essentially means serious harm).
What are the different intentions available for murder?
1. Direct intention to kill
2. Direct intention to cause GBH
3. Oblique intention to kill
4. Oblique intention to cause GBH
What is direct intention to kill?
D possess the intention to bring another person's death. For example,
Mark stands directly in front of Sam and shoots her in the head with a
gun. Mark clearly had the intention to kill.
, What is a direct to cause GBH?
D does not possess the intention to kill, but does possess the
intention to cause serious injury to another person. For example,
Sam punches Mark in the face numerous times. Mark dies from his
injuries. Sam did not intend to kill Mark, but did intend to cause
him serious harm.
What is an oblique intention to kill?
D does not possess the intention to kill, but death was a virtual
certainty as a result of D's conduct, and D appreciated this certainty.
For example, Mark shoots Sam in the stomach with a gun. Mark
does not wish to kill Sam, but he does appreciate that death is a
virtually certain result of shooting someone in the stomach.
What is an oblique intention to cause GBH?
D does not possess the intention to cause GBH, but serious injury was
a
virtual certainty as a result of D's conduct, and D appreciated this
certainty. Sam throws a number of large rocks from her bedroom
window at Mark, who is standing outside on the ground. Sam
intends to cause Mark serious injury. Sam appreciates, however,
that serious injury is a virtually certain
result of throwing large rocks at another from a great height.
