VOLUNTARY MANSLAUGHTER (3)

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VOL MANSLAUGHTER pt 2:

DIMINISHED RESPONSIBILTY: S2 Homocide act 1957 (ammended by the C & J act '09)  says that: " a person who kills / is party to  a killing is not convicted of murder if; 

A: abnormality of mental functioning

R: recoginised medical condition 

S: substancially impare D's ability to do one of these 3 things; understand the nature of your conduct, form a rational judgement and exercise self control

E: explanation for D's acts or omissions 

Burden and standard of proof move onto D 

  • A = 'symptoms / effects of medical condition' - R V Byrne; ' a state of mind that…

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