Diminished Responsibility

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What is Diminished Responsibility?
It is a PARTIAL defence, that can only be used ONCE D IS LIABLE FOR HOMICIDE
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How many steps are in the PARTIAL defence of Diminished responsibility?
3; Abnormality of the mind, Substantial Impairment and the abnormality must provide an explanation for the killing
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Explain first stage of Diminished Responsibility?
Abnormality of the mind; The defendant must be suffering from an abnormality of the mind. This can be determined in two ways - The first is that the reasonable man would term the condition as abnormal. The second is that it must be recognised medical
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Name the case to support step one 'Abnormality of the mind?'
Ahluwalia 1992 - Battered Wife Syndrome - Her husband had been beating on her for years, and threaten to kill her in the morning if she didn't have the money, she couldn't take any-more and set him on fire.
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Explain the second stage of Diminished Responsibility?
Substantial Impairment; The recognised medical condtion must have been enough to impair the defendants ability to do one of the following; 1 - understand the nature of his conduct 2 - form a rational judgement 3 - Exercise self control
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Name the case to support step two 'Substantial impairment'?
Egan 1992 - Heavy drinker who had been suffering form sub-abnormal metal condition killed a elderly widow
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Explain the third stage of Diminished Responsibility?
The abnormality must provide explanation for the killing; It must be established that the abnormality must have caused or ignifcantly contributed to the killing. The question is whether the defendant would have killed anyway.
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Name the case to support step three 'Abnormality must provide an explanation for the killing'
R v Wood - Heavy drinks, befriended a group known as the 'breakfast club' which stay in deceased house. Two nights of staying their, D woke up to the deceased performing oral sex on him. D grabbed a meat cleaver hitting the deceased and killing him.
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Other cards in this set

Card 2

Front

How many steps are in the PARTIAL defence of Diminished responsibility?

Back

3; Abnormality of the mind, Substantial Impairment and the abnormality must provide an explanation for the killing

Card 3

Front

Explain first stage of Diminished Responsibility?

Back

Preview of the front of card 3

Card 4

Front

Name the case to support step one 'Abnormality of the mind?'

Back

Preview of the front of card 4

Card 5

Front

Explain the second stage of Diminished Responsibility?

Back

Preview of the front of card 5
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