Diminished Responsibility

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  • Created by: 10dhall
  • Created on: 03-02-17 09:43
What is diminished responsibility?
A defence which is only available in murder
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What act is this under?
Section 2 of the Homocide Act 1957
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What does the defendant need to show?
An abnormality of mental functioning recognised by a medical mental condition, and impairs their ability to; understand the nature of the conduct, form rational judgement and excersize self control.
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What is a case example of providing a reason for a killing?
R v Wood - a man woke up to another man trying to perform oral sex on him, killed him with a meat cleaver. Conviction was quashed and reduced to manslaughter as he had been heavily drinking for days.
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What is a case example of providing a mental reason for a killing?
R v Campbell - killed a hitchhiker because she refused to have sex with him, he had his conviction quashed as he was having seizures at the time of the murder.
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What is a leading case on diminished responsibility?
Ahluwalia - she set her husband on fire because he had been violent towards her for a long period of time and cheating on her. She was suffering from battered women syndrome.
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What are the problems with the old law on diminished responsibility?
1) Juries had to deal with technical medical conditions. 2) Some medical conditions were doubted by courts. 3) there were overlaps with DR and provocation.
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What are some facts on this?
40% of cases are successfuil and 80% of pleas are accepted at the initial stage.
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A case example on abnormality of mind due to induced alcohol or drugs?
R v GIttens - G beat his wife and ***** and killed his stepdaughter because he was on drugs for depression and had been drinking. He was guilty of manslaughter -plea successful. R v Fenton - F was drunk and killed a police officer and 3 people.
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More relevant case examples?
R v Byrne - killed and mutilated a girls body due to irresistible impulses.
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Case on alcohol?
R v Tandy - mum had consumed a whole bottle of vodka when she strangled her daughter to death, She was guilty of murder because she voluntary drunk the whole day.
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Battered women syndrome?
R v Hobson - a women stabbed her alcoholic and abusive partner to death and a retrial was ordered from two doctors who stated she was suffering from battered women syndrome.
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Other cards in this set

Card 2

Front

What act is this under?

Back

Section 2 of the Homocide Act 1957

Card 3

Front

What does the defendant need to show?

Back

Preview of the front of card 3

Card 4

Front

What is a case example of providing a reason for a killing?

Back

Preview of the front of card 4

Card 5

Front

What is a case example of providing a mental reason for a killing?

Back

Preview of the front of card 5
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