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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 a question for the jury - doesn't have to be total impairment but it must be more than trivial
  • 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 must be considered that it has to be more than trivial but not necessarily that of total impairment or retardation of mental development

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
  • Defence fails if you are not medically recognised as being an alcoholic
  • 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

4. What act covers the defence of 'Diminished Responsibility'?

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

5. What is the definition of Murder per Sir Edward Coke in the 1600s?

  • Murder is when a person unlawfully kills a reasonable person who is under the King's/Queens Peace
  • Murder is when an intended reckless act by an unreasonable person causes the death of a reasonable person
  • Murder is when you kill someone in existance without any lawful reason
  • Murder is when you kill someone until they die from it.

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