CILEx L3 Criminal Law Principles 2 — Questions and Answers
Question 1: What is the legal definition of murder in English law?
- The unlawful killing of a human being under the Queen's Peace with malice aforethought (Correct answer)
- The intentional killing of another person
- Any killing that is not justified or excused by law
- Killing with premeditation and deliberate planning
Correct answer: The unlawful killing of a human being under the Queen's Peace with malice aforethought
Murder is the unlawful killing of a reasonable person in being, under the Queen's (or King's) Peace, with malice aforethought (intention to kill or cause GBH), where death follows within a year and a day (the year and a day rule was abolished by the Law Reform (Year and a Day Rule) Act 1996).
Question 2: What is the defence of 'loss of control' under the Coroners and Justice Act 2009?
- A partial defence to murder where the defendant lost self-control due to a qualifying trigger (Correct answer)
- A complete defence that results in acquittal
- A defence available only to women who kill abusive partners
- A defence requiring expert psychiatric evidence in all cases
Correct answer: A partial defence to murder where the defendant lost self-control due to a qualifying trigger
Loss of control under ss.54-55 Coroners and Justice Act 2009 is a partial defence to murder (reducing it to manslaughter) requiring: (1) a loss of self-control, (2) a qualifying trigger (sexual infidelity alone is excluded), (3) that a person of the defendant's age and sex with normal tolerance would have acted similarly.
Question 3: What is 'diminished responsibility' as a defence to murder?
- A partial defence under the Homicide Act 1957 where an abnormality of mental functioning substantially impairs the defendant's responsibility (Correct answer)
- A complete defence that results in full acquittal
- A defence that reduces murder to a non-custodial offence
- A defence requiring proof of insanity at the time of the killing
Correct answer: A partial defence under the Homicide Act 1957 where an abnormality of mental functioning substantially impairs the defendant's responsibility
Diminished responsibility (s.2 Homicide Act 1957, as amended by the Coroners and Justice Act 2009) is a partial defence that reduces murder to manslaughter where the defendant had an abnormality of mental functioning from a recognised medical condition that substantially impaired their responsibility.
Question 4: What is 'gross negligence manslaughter'?
- Unlawful killing by conduct so grossly negligent as to justify criminal liability (Adomako [1994]) (Correct answer)
- Killing caused by any degree of negligence
- Manslaughter committed by professionals only
- Killing where the defendant took an unjustified risk
Correct answer: Unlawful killing by conduct so grossly negligent as to justify criminal liability (Adomako [1994])
Gross negligence manslaughter (R v Adomako [1994]) requires: (1) a duty of care, (2) breach of that duty, (3) the risk of death was obvious, and (4) the breach was so grossly negligent that it should be judged criminal.
Question 5: What distinguishes assault from battery in criminal law?
- Assault is causing apprehension of immediate unlawful force; battery is the actual application of unlawful force (Correct answer)
- Assault involves weapons; battery does not
- Assault causes injury; battery does not
- Assault is a more serious offence than battery
Correct answer: Assault is causing apprehension of immediate unlawful force; battery is the actual application of unlawful force
Common assault (s.39 Criminal Justice Act 1988) covers both assault (causing a person to apprehend immediate unlawful personal violence) and battery (the actual application of unlawful force). They are distinct offences.
Question 6: What are the elements of robbery under s.8 Theft Act 1968?
- Theft plus the use or threat of force on any person immediately before or at the time of the theft (Correct answer)
- Theft from a person using a weapon
- Burglary with violence
- Taking property from another by any use of force
Correct answer: Theft plus the use or threat of force on any person immediately before or at the time of the theft
Robbery under s.8 Theft Act 1968 requires: (1) theft (all six elements), and (2) immediately before or at the time of the theft, the defendant uses force on any person or puts any person in fear of being subjected to force.
CILEx L3 Criminal Law Principles 2
What is the legal definition of murder in English law?