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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Other questions in this quiz
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