AQA A2 Law Unit 3 - Loss of control and Diminished Responsibility

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  • Created by: Amy
  • Created on: 13-01-14 20:43
What section is Loss of Control in the Coroner and Justice Act 2009?
S54
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Loss of control has to have a what?
Qualifying trigger
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What has changed about the timing of the loss of control?
It does not have to be sudden
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How does the new law help the case of Thornton?
The act does not have to be sudden
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What two parts come under "things said and/or done?"
Extremely grave in character, Justified sense of being wronged
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Would the case of Doughty be able to use Loss of Control?
No, as the child's actions were not grave in character
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How does the new law help women?
Gives rights to Battered wife Syndrome
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What act does diminished responsibility come under?
The Homicide act 1957
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What type of medical conditions are covered by abnormality of mind?
Psychotic disorder
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Name a key case in Diminished responsibility - Abnormality of mind?
Byrne 1960
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Abnormality of mind alters - Perception of physical matters, Ability to exercise rational judgement and ...?
Ability to exercise willpower with that judgement
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Which case outlined Post Natal Depression?
R v Reyonlds
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Name the four ways that cause an abnormality of mind?
Arrested or retarted development, Inherent cause, Induced by disease, Induced by injury
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What type of cause can be seen in the case of Luc Thiet Thuan?
Induced by Injury
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What does the case of Lloyd 1967 outline?
Doesn't have to be a total loss of control
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The ability of these things must be impaired - Nature of conduct, Form rational judgement and ...?
Exercise self control
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How can Intoxication be used as a defence in Diminished responsibility?
If brain effected or Wholly Involuntary
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Why can the case of Gittens use Diminshed Responsibility?
As it was a combination of factors including depression
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Which case confirms the result in Gittens?
Dietschmann 2003
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Other cards in this set

Card 2

Front

Loss of control has to have a what?

Back

Qualifying trigger

Card 3

Front

What has changed about the timing of the loss of control?

Back

Preview of the front of card 3

Card 4

Front

How does the new law help the case of Thornton?

Back

Preview of the front of card 4

Card 5

Front

What two parts come under "things said and/or done?"

Back

Preview of the front of card 5
View more cards

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