Diminished Responsibility

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  • Created by: Sootworth
  • Created on: 31-10-16 20:50
Diminished Responsibility is a - under the -
Partial defense to Murder under the Homicide Act
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A Recognised Medical Condition is -
one that is included as a condition by the medical profession
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Gittens RMC
Depression
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Byrne RMC
Irresistible Impulses
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Ahluwalia RMC
Battered Wife Syndrome
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Simcox RMC
Paranoia
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Dietschmann RMC
Adjustment disorder
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Stewart RMC
Alcohol Dependency syndrome
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Abnormality of mental functioning is used to -
identify whether or not D couldn't function like a normal person at the time of the killing
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Byrne: Evidence of abnormality -
needs to be a state of mind the RM would consider abnormal
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Gomez: Evidence of abnormality - (3)
doesn't have to be permanent/have existed from birth as long as it existed at the time of the killing
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D's ability to - is substantially impaired (3)
1) Understand own conduct (Stewart) 2) Form rational judgement (Simcox) 3) Exercise self-control (Byrne)
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Lloyd: Evidence of substantial impairment -
doesn't mean totally impaired, only needs to show D's abilities were more than trivial/minimally impaired
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Tandy: if evidence shows - (2)
voluntary intoxication, cannot be viewed as RMC
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Gittens alcohol + RMC test (3)
1) Did the RMC alone substantially impair D? 2) Voluntary intoxication? 3) If the alcohol was drunk due to RMC, did it aggravate RMC & substantial impairment?
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Stewart: If evidence shows - this is an RMC
D's brain has been physically altered because of persistent alcoholism
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The test of involuntary drinking -
Evidence shows D can't resist drinking at any time
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Other cards in this set

Card 2

Front

A Recognised Medical Condition is -

Back

one that is included as a condition by the medical profession

Card 3

Front

Gittens RMC

Back

Preview of the front of card 3

Card 4

Front

Byrne RMC

Back

Preview of the front of card 4

Card 5

Front

Ahluwalia RMC

Back

Preview of the front of card 5
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