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EnglandLegal StudiesQuick questions
Criminal Law (Components 2 and 3)
Quick questions on Murder and voluntary manslaughter - Eduqas A-Level Law Component 2
3short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is diminished responsibility?Show answer
Diminished responsibility is governed by section 52 of the Coroners and Justice Act 2009 (which amended s2 of the Homicide Act 1957). The defendant must show an abnormality of mental functioning that (a) arose from a recognised medical condition (such as depression, Gittens; alcohol dependency syndrome, Wood), (b) substantially impaired the defendant's ability to understand the nature of the conduct, form a rational judgement or exercise self-control ("substantially" means important or weighty, not total, Golds), and (c) provides an explanation for the killing (it was a significant contributory cause). The defendant bears the burden on the balance of probabilities. Where the defendant was voluntarily intoxicated, the jury considers the underlying condition apart from the drink (Dowds).
What is q1?Show answer
Explain the mens rea of murder. [10 marks]
What is q2?Show answer
Sam, who has severe depression diagnosed by doctors, kills his brother during a psychotic episode. Advise on whether Sam can rely on diminished responsibility. [20 marks]
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