Homicide

Quiz on the types of homicide in UK cirminal law.

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1. What does Fenton (1975) say about self-induced intoxication?

  • Self induced intoxication cannot produce an abnormality of the mind. Intoxication is not an inherent cause
  • Where self induced intoxication is the case, there must be a pre-existing history of alcohol dependency
  • Alcoholism is not a valid condition where self induced intoxication is involving.
  • If the taking of a first drink was not involuntary, then the whole of the drinking on that day is not involuntary and as such, the defence will fail due to self induced intoxication.
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2. 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 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
  • It is a case of the severity of the impairment, insufficient impairment would not count towards a defence

3. 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

4. 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

5. What does s.55 CJA 2009 cover?

  • Intoxication as a Defence
  • Qualifying triggers
  • Loss of Self Control
  • Mental abnormalities

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