Diminished responsibility

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Created by: maisyjane15
Created on: 02-12-19 11:06

What act introduced the defence of diminished responsibility?

s2 Homocide Act 1957

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What act ammended the homocide act 1957?

s52 Coroners and Justice Act 2009

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What is the definition of diminished responsibility?

Abnormality of mental functioning, where the Ds conduct arose from a recognised medical condition, 2- substantially impaired the D ability to do one of the following:-understand the nature of their conduct-form a rational judgement-exercise self cont

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What is the sentence for DR?

Up to the discretion of the judge

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What did the case of Bryne state?

state of mind so different that an ordinary human the the reasonable man would term it abnormal. The view of abnormal is a reasonable mans view.

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What did the case of Ahulwalia establish?

Recognised medical condition can include battered wife syndrome

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What did the case of Brown state?

The for it ti be substantially impaired, it must have had some impact. The jury decides what substantial is

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What explains the Ds killing?

There must be a factual and legal causal link between the AMF and the killing.

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Where does the burden of proof lie?

On the D to prove it.

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What is the burden of proof?

To prove the D had an abnormality of mental functioning.

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is the D still able to raise the defence of diminished responsibility if they are intoxicated?

If the D has a recognised medical condition that causes them to drink which may impact their mental functioning then the D can raise the defence. It is the jury to decide what is the most significant factor

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Other cards in this set

Card 2

Front

What act ammended the homocide act 1957?

Back

s52 Coroners and Justice Act 2009

Card 3

Front

What is the definition of diminished responsibility?

Back

Card 4

Front

What is the sentence for DR?

Back

Card 5

Front

What did the case of Bryne state?

Back

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Diminished responsibility