Insanity Vs Automatism Differences

Which of the following directions to the jury on the mens rea in a murder case is the correct one? Assume that this is NOT an oblique intent case, so that the ‘simple’ direction is appropriate. ‘Members of the jury, you should convict of murder if…’ Select the correct response: A. You are sure that the defendant intended to kill or cause grievous bodily harm, or was reckless as to that outcome. B. You are sure that a reasonable man would have foreseen death or grievous bodily harm. C. You are sure that the defendant intended death or grievous bodily harm. D. You are sure that the defendant realised that death or grievous bodily harm was a natural consequence.

Which of the following statements about the defence of ‘loss of control’ is INCORRECT? Select the correct response: A. The loss of control defence will fail where the Defendant acted in a considered desire for revenge. B. Loss of self-control may arise where the Defendant feared serious violence from the victim C. The burden of proof is on the Defendant to show that he acted under a loss of self-control D. Where the Defendant relies on things done or said by another as the explanation for his loss of self-control, his plea will not succeed unless those things done or said objectively amount to circumstances of an extremely grave character causing him to have a justifiable sense of being seriously wronged.

Which of the following statements accurately describes voluntary manslaughter? Select the correct response: A. Only the mens rea of murder exists B. Only the actus reus for murder exists C. Where the accused is charged with murder, the defence of insanity will reduce the verdict to voluntary manslaughter D. Where the accused is charged with murder, the defence of diminished responsibility or loss of control will reduce the verdict to voluntary manslaughter

In relation to the principles of mens rea, which of the following statements is correct? Select the correct response: A. D intends a result if it is his purpose to achieve that result, even if he is unsure of whether he will be successful in achieving that result B. D does not intend to kill V, if he gives V a lethal dose of a pain killing in order to end V’s pain and suffering C. D intends a result if the jury are sure that the result was a virtual certainty, and the judge agrees with the jury D. D intends a result as long as he foresees that there is a real possibility of that result occurring

Why was Dear’s conviction for murder upheld even though he might have intentionally caused his own death? Select the correct response: A. The wounds inflicted by D on V were the setting in which V’s suicide had taken place. B. The suicide of V was neither the factual nor legal cause of his death. C. V would not have killed himself but for the injuries inflicted on him by D. D. Both A and B.

A diabetic person who goes into hypoglycaemia from using insulin and not eating food is self-inducing the state of automatism if – Select the correct response: A. The judge foresees that the failure to eat may cause aggressive, unpredictable and uncontrollable conduct B. The jury foresees that the failure to eat may cause aggressive, unpredictable and uncontrollable conduct C. The judge and jury foresee that the failure to eat may cause aggressive, unpredictable and uncontrollable conduct D. The defendant foresees that the failure to eat may cause aggressive, unpredictable and uncontrollable conduct

Which of the following cases were considered in R v Taj [*]? i. DPP v Majewski [*] ii. R v McGhee, R v Harris, R v Coley [*] iii. R v Williams (Gladstone) [*] iv. R v Lipman [*] Select the correct response: A. i only B. i and ii C. i, ii and iii D. i, ii,iii and iv

Which of the following statements represent Lord Bridge’s ‘golden rule’ as stated in R v Moloney [*] * All ER * ? Select the correct response: A. When directing a jury on the mental element necessary in a crime of specific intent, the judge should avoid any elaboration or paraphrase of what is meant by intent, and leave it to the jury's good sense to decide whether the accused acted with the necessary intent B. The extended direction by reference to foresight is necessary in all murder cases C. The simple direction should never be given in murder cases D. The jury should never be given direction on the necessary intent for murder

Which of the following does not give rise to liability for omission ? Select the correct response: A. Statute B. Undertaking a ‘voluntary assumption of responsibility’ C. Assuming public office D. Good Samaritan law

The Criminal Division of the Court of Appeal hears appeals from the: Select the correct response: A. High Court B. Family Court C. Crown Court D. Magistrates Court

Which of the following statements about the defence of Loss of control is INCORRECT? Select the correct response: A. Loss of control is a defence which, if successfully pleaded, reduces the defendant’s offence from murder to manslaughter. B. Loss of control may arise when the defendant fears serious violence from the victim. C. The legal burden of proof is on the defendant to show that he acted under a loss of control. D. Where the defendant relies on things said or done by another as the explanation for his loss of control, his plea will not succeed unless those things said or done objectively amount to circumstances of an extremely grave character causing him to have a justifiable sense of being seriously wronged.

Which of the following statements reflects the Court of Appeal’s finding on the impact of Taj’s psychotic disorder on his culpability? Select the correct response: A. Taj knew that the cocaine and alcohol he took would provide a defence for his attack on the victim. B. Taj knew that the cocaine and alcohol he took would induce a state of mind that could make him a danger. C. Taj had been unaware that the alcohol and cocaine he took would induce a state of mind that could make him a danger. D. None of the above.

In the case of Booth v CPS [*] EWHC * where the Defendant damaged the victim’s car when he was knocked down by the victim, the Defendant’s conviction for criminal damage was upheld since Select the correct response: A. The Defendant failed to foresee the damage to the car B. The Defendant was reckless as to the damage which he contemplated as being virtually certain in occurring C. The Defendant was reckless as to the damage of the car having seen a risk of being knocked down and having closed his mind to the risk D. The Defendant desired the damage to the car

If foresight of a virtual certainty is evidence of intention, which ONE of the following statements is FALSE? Select the correct response: A. The jury must decide whether the consequence was intended on the basis of all the evidence B. The jury may find that D did not intend the result although convinced that D foresaw it as virtually certain. C. The jury must be convinced that D foresaw the consequence as a virtual certainty before considering whether D intended the result. D. The jury is bound to convict D if it finds D foresaw the consequence as a virtual certainty.

Which of the following arguments was relied upon by the defence in the case of R v Taj [*]? Select the correct response: A. Taj was legally insane since he did not know the nature and quality of the act he performed when attacking the victim. B. Taj acted in self-defence when he inflicted serious injuries on the victim even though he was mistaken as to the circumstances as he genuinely believed them to be. C. Taj was in a state of sane automatism when he inflicted serious injuries on his victim. D. None of the above.

Which of the following arguments was relied upon by the defence in the case of R v Taj [*]? Select the correct response: A. Taj was legally insane since he did not know the nature and quality of the act he performed when attacking the victim. B. Taj acted in self-defence when he inflicted serious injuries on the victim even though he was mistaken as to the circumstances as he genuinely believed them to be. C. Taj was in a state of sane automatism when he inflicted serious injuries on his victim. D. None of the above.

The Court of Appeal in Wallace [*] affirmed which of the following questions when considering cases where more than one cause contributed to the death of a victim: Select the correct response: A. Whether the death of D’s victim by assisted suicide was the sole or main cause of death. B. If the victim’s choice to end his life was voluntary and therefore uncaused by the D. C. whether the D’s acts can be said to have made a significant contribution to the victim’s death. D. None of the above.

Counsel for the Respondent in R v Taj [*] argued that the phrase “attributable to intoxication” in s. *(*) of the CJIA * should include the following meaning: Select the correct response: A. A mistaken state of mind brought about by earlier episodes of intoxication. B. A mistaken state of mind brought about by current episodes of intoxication. C. A mistaken state of mind brought about by alcohol dependency syndrome D. None of the above.

Which statement accurately describes ‘direct intention’ in Criminal law? Select the correct response: A. The Defendant’s foresight of a consequence as being virtually certain to occur B. The reasonable man’s appreciation of a consequence as being virtually certain in occurring C. The Defendant’s motive for doing what she did D. The Defendant’s purpose in acting the way she did