diminished responsibility

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R v Byrne [1960] 3 All ER 1, CCA (AoM)
D strangled a young woman V and mutilated her body. he brought medical evidence to support claim that he had suffered violent and perverted sexual desires: he found it hard, sometimes impossible to resist.CoA quashed D's conviction due to AoM.
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R v English (1981) unreported -SC
A woman who killed was allowed to bring evidence to show that pre-menstrual tension had impaired her responsibility sufficiently for this defence to be admitted.
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R v Reynolds (1988) unreported, CA- SC
A 19-year-old woman D battered her mother to death with a hammer and was convicted of murder. Allowing her appeal and substituting manslaughter. CoA said D was temporarily unbalanced after secret birth, post-natal depression could be enough for D.R
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R v Hampson (1999) unreported
A man D who battered his wife to death with a hammer pled guilty to manslaughter by reason of diminished responsibility. The court accepted that D's wife's constant nagging had caused a depressive illness, and sentenced him to six years' imprisonment
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Ahluwahlia (1992) -DV
D, subjected to 10 years of spousal violence, threw petrol in her husband's bedroom, causing his death. d suffered from BWS CoA admitted evidence, quashing the murder condition on the basis of D's depressive condition.
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R v Martin (Anthony Edward), [2002] CA
D shot two intrudersD believed to be vulnerable to burglary. medical evidence as to the physical characteristics of the defendant was relevant to diminished responsibility, because he suffered from a longstanding paranoid personality disorder
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Lloyd (1967) - Substantially Impaired
D strangled his wife. medical evidence was that he suffered from reactive recurrent depressions, and his mental responsibility was impaired but not substaincial.‘Substantial’ impairment:‘more than some trivial degree of impairment
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Campbell (1987) -
epilepsy made him “vulnerable” = not substantial
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Bailey (2002)
74 yr-old man killed wife with Motor Neuron Disease.
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R v Sutcliffe (1981) unreported -decision of jury
After a long police investigation D was identified as the "Yorkshire Ripper". D claimed to have been acting on a mission from God, and there was strong medical evidence to show he was a paranoid schizophrenic, this was not accepted by jury.
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R v Butters (2001) unreported - decision of jury
A man stabbed his wife to death four days after their wedding. He claimed to have been suffering diminished responsibility, having not slept for three nights after coming off temazepan. The jury rejected this defence, and D was convicted of murder.
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R v Dietschmann (Anthony), (2003) HL- intoxication
D killed a man in a savage attack whilst he was drunk. "...if D satisfied... his mental abnormality substantially impaired his mental responsibility for his fatal acts, you may find him guilty of manslaughter. if not, defence of D.R is not available.
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R v Gittens, (1984) CA- intoxication
During a visit home from hospital he argued with his wife and beat her to death. then ***** and killed stepdaughter. At the time he had been drinking and taking drugs for depression.D benefit from DR if inherent cause like depression.
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R v Tandy, (1989) CA- Intoxication
D, an alcoholic, had drunk when she strangled her 11 yr old daughter. if the D had not resisted an impulse to drink she could not rely on the defence of DR, if D took the first drink of the day voluntarily, all drink on that day was voluntary.
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Card 2

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A woman who killed was allowed to bring evidence to show that pre-menstrual tension had impaired her responsibility sufficiently for this defence to be admitted.

Back

R v English (1981) unreported -SC

Card 3

Front

A 19-year-old woman D battered her mother to death with a hammer and was convicted of murder. Allowing her appeal and substituting manslaughter. CoA said D was temporarily unbalanced after secret birth, post-natal depression could be enough for D.R

Back

Preview of the back of card 3

Card 4

Front

A man D who battered his wife to death with a hammer pled guilty to manslaughter by reason of diminished responsibility. The court accepted that D's wife's constant nagging had caused a depressive illness, and sentenced him to six years' imprisonment

Back

Preview of the back of card 4

Card 5

Front

D, subjected to 10 years of spousal violence, threw petrol in her husband's bedroom, causing his death. d suffered from BWS CoA admitted evidence, quashing the murder condition on the basis of D's depressive condition.

Back

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