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Fatal Offences Against the Person

  • 4 subtopics
  • 9 things to know
  • Paper 1

What Fatal Offences Against the Person covers

Murder and its elements, and the partial defences of loss of control and diminished responsibility, together with involuntary manslaughter.

Where it is assessed

Paper 1

Criminal law, 75 marks.

Check the AQA specification ↗

The 4 subtopics

Each one has its own page.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Numbers

What are the four elements required to establish murder at common law?

Key term

What does 'under the King's peace' mean in the definition of murder?

Key term

What must the prosecution prove to establish the actus reus of murder?

Process

What objective test must be satisfied for the loss of control defence?

Key term

What is the legal effect of successfully pleading loss of control as a defence to murder?

Key term

What must the defendant show to rely on the 'anger trigger' for loss of control?

Process

When does voluntary manslaughter arise?

Numbers

Name the three capacities that may be substantially impaired for diminished responsibility.

Key term

Can an omission form the basis of unlawful act manslaughter?

Take Fatal Offences Against the Person further

The same content, four other ways.

Commonly confused

Pairs that lose marks when they are blurred together.

  • Murder vs Voluntary manslaughter

    Murder: unlawful killing with intent to kill or cause grievous bodily harm. Voluntary manslaughter: a killing with that intent reduced by a partial defence.

  • Loss of control vs Diminished responsibility

    Loss of control: a partial defence requiring a qualifying trigger and a loss of self-control. Diminished responsibility: a partial defence requiring an abnormality of mental functioning from a recognised condition.

  • Unlawful act manslaughter vs Gross negligence manslaughter

    Unlawful act manslaughter: death caused by a dangerous criminal act. Gross negligence manslaughter: death caused by a breach of a duty of care falling far below the standard expected.

Questions from this topic

Each one with the model answer underneath.

  1. 1

    What are the four elements required to establish murder at common law?

    Model answer

    (1) Unlawful killing, (2) of a human being, (3) under the King's peace, (4) with malice aforethought.

  2. 2

    What does 'unlawful killing' mean in the context of murder?

    Model answer

    A killing that is not legally justified or excused (e.g. not in lawful self-defence or by lawful execution).

  3. 3

    What does 'under the King's peace' mean in the definition of murder?

    Model answer

    The killing must not occur during the course of war against an enemy combatant; it excludes lawful acts of war.

  4. 4

    Who qualifies as 'a human being' for the purposes of murder?

    Model answer

    A living person; the victim must have been born alive and have an existence independent of the mother.

  5. 5

    What must the prosecution prove to establish the actus reus of murder?

    Model answer

    That the defendant caused the death of a living human being.

  6. 6

    Define 'malice aforethought' as an element of murder.

    Model answer

    The mental element of murder, meaning intention to kill or intention to cause grievous bodily harm.

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Fatal Offences Against the Person revision questions

What does Fatal Offences Against the Person cover in AQA A-Level Law?
4 subtopics: the elements of murder, loss of control, diminished responsibility and unlawful act and gross negligence manslaughter. Each one has its own page with questions and model answers.
How is Fatal Offences Against the Person organised?
By the AQA 7162 specification, subtopic by subtopic, so it matches the order you are taught it in.

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