Quiz on the types of homicide in UK cirminal law.

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1. 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 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 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 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
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2. What act covers the defence of 'Diminished Responsibility'?

  • s.136 Mental Health Act 1983
  • s.136 Mental Health Act 1990
  • s.52 Coroners and Justice Act 2009
  • s.52 Coroners and Justice Act 2011

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 Fenton (1975) say about self-induced intoxication?

  • 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.
  • Where self induced intoxication is the case, there must be a pre-existing history of alcohol dependency
  • Self induced intoxication cannot produce an abnormality of the mind. Intoxication is not an inherent cause
  • Alcoholism is not a valid condition where self induced intoxication is involving.

5. What does s.55 CJA 2009 cover?

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


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