Diminished responsibility is a defence only to murder, and is when someone is suffering from a recognised medical condition
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What statute was the old law on this under?
Section 2 of the Homicide Act 1957
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What were the problems with the old law on this topic?
Juries had to deal with difficult medical definitions, some medical conditions were doubted, blurring of provocation and diminished responsibility
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Facts and figures?
80% are accepted at initial stage, 10% of murder cases have mental health problems
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What were the main problems with the old definition of diminished responsibility?
Not clear, abnormality of mind is not a medical condition
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What statute is the new law under?
Section 52 of the Coroners and Justice Act 2009
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What does this statute provide?
A) a person who kills another cannot be convicted of murder if they were suffering from an abnormality of mind which: arose from medical conditions, impaired ability, provides explanations for D's acts/omissions
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What does it have to impair the defendants ability to do?
To understand the nature of the conduct, to form a rational judgement, and to exercise self control
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What are some procedural issues?
The defendant must prove the case on the balance of probabilities, the judge cannot raise the defence, only guidence
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What are some cases on Diminished Responsibility?
Byrne - mutilated a girls body due to irresistible impulses, plea succeeded
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What happened in Fenton 1975?
Drunk alot of alcohol and killed 4 people in one day. He was suffering from temporary abnormality of mind, the plea failed
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What happened in Gittens?
Suffered from depression, argued with wife, killed her, ***** and killed stepdaughter. On drugs for depression, held for manslaughter
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What happened in R v Tandy?
Mother strangled her daughter because she drunk a whole bottle of vodka, plea not accepted
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What happened in Ahluwalia?
Killed her husband due to domestic violence, successful plea
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Reactions to the new provisions?
Narrower, alcohol is clear, new aw is easier to differentiate between loss of control and DR
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Other cards in this set
Card 2
Front
What statute was the old law on this under?
Back
Section 2 of the Homicide Act 1957
Card 3
Front
What were the problems with the old law on this topic?
Back
Card 4
Front
Facts and figures?
Back
Card 5
Front
What were the main problems with the old definition of diminished responsibility?
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