Other questions in this quiz

2. Under the legislation covering Diminished Responsibility, what can stop a murder conviction?

  • Abnormality of mind (whether arising from a condition of arrrested or retarded development of mind or any inherent causes or induced by disease or injury)
  • Abnormality of mental functioning which arose from a recognised medical condition.
  • Abnormality of mental functioning which removes D's logical reasoning to act in a way which the reasonable man would
  • Abnormality of mind which substantially impaired his mental responsibility for his acts and omissions in doing or being a party to the killing

3. What is the Actus Reus of murder?

  • Unlawful killing of a person in being
  • Taking a life without lawful justification by a reckless act
  • When life ends as a result of recklessness or an omission in the actions of D

4. What does Tandy [1989] say about alcoholism giving rise to diminished responsibility?

  • It's never a valid defence to be an alcoholic due to the support services available
  • It is only capable if it either causes damage to the brain or produces an irresistible craving that consumption is involuntary
  • It only becomes a valid defence when you drink habitually
  • Defence fails if you are not medically recognised as being an alcoholic

5. In relation to D's substantial impairment of rational judgment, exercise of self control and understanding the nature of D's conduct, what does R v Lloyd (1967) say in regards to impairment?

  • It is not a question for neither jury nor judge, but for that of a medical expert in the field to define whether the impairment was more than trivial
  • It is a case of the severity of the impairment, insufficient impairment would not count towards a defence
  • It is a question for the jury - doesn't have to be total impairment but it must be more than trivial
  • It must be considered that it has to be more than trivial but not necessarily that of total impairment or retardation of mental development

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