1. Under the legislation covering Diminished Responsibility, what can stop a murder conviction?
- Abnormality of mental functioning which arose from a recognised medical condition.
- Abnormality of mind which substantially impaired his mental responsibility for his acts and omissions in doing or being a party to the killing
- Abnormality of mental functioning which removes D's logical reasoning to act in a way which the reasonable man would
- 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)
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Other questions in this quiz
2. What act covers the defence of 'Diminished Responsibility'?
- s.136 Mental Health Act 1990
- s.52 Coroners and Justice Act 2011
- s.52 Coroners and Justice Act 2009
- s.136 Mental Health Act 1983
3. 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 must be considered that it has to be more than trivial but not necessarily that of total impairment or retardation of mental development
- It is a question for the jury - doesn't have to be total impairment but it must be more than trivial
- It is a case of the severity of the impairment, insufficient impairment would not count towards a defence
- 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
4. What is the Actus Reus of murder?
- When life ends as a result of recklessness or an omission in the actions of D
- Unlawful killing of a person in being
- Taking a life without lawful justification by a reckless act
5. What is the Mens Rea of Murder?
- Intention to kill or cause GBH (really serious harm)
- With malice afterthought