Diminished responsibility

?
  • Created by: _marxlee
  • Created on: 30-04-17 16:11
what type of defence is this and to what charge?
part, murder only
1 of 19
if accepted, what will the charge be reduced to?
voluntary manslaughter
2 of 19
what section is the defence found?
section 2 of the homicide act 1957 as amended by s52 coroners and justice act 2009
3 of 19
d will not be convicted of murder if he was suffering from what?
an abnormality of mental functioning
4 of 19
where must this arise from?
a recognised medical condition
5 of 19
what must the medical condition do?
substantially impair d's ability to; understand the nature of d's conduct, to form a rational judgement, to exercise self control
6 of 19
what must the abnormality of mental functioning provide?
an explanation for d's acts and omissions in doing or being a party to the killing
7 of 19
true or false? the prosecution have to prove that d had committed the actus reus and had the mens rea for murder
true
8 of 19
what counts as a recognised medical condition?
psychopathy, battered women's syndrome, paranoid personality, ptsd, alcoholism
9 of 19
what case links to psychopathy?
r v byrne-sexual psychopath
10 of 19
what case links to battered women's syndrome
r v ahluwalia
11 of 19
what case links to paranoid personality?
r v martin
12 of 19
what case links to ptsd?
kerrie gray
13 of 19
what case links with alcoholism?
tandy + dietschmann
14 of 19
what is meant by substantially?
more than some trivial degree of impairment but less than total impairment
15 of 19
true or false? it must provide an explanation to the killing?
true
16 of 19
who has to prove the burden of proof?
the defendent
17 of 19
true or false? burden is proved on the balance of probabilities
true
18 of 19
who decides whether or not the defendant has shown that the killing was due to the abnormality
the jury
19 of 19

Other cards in this set

Card 2

Front

if accepted, what will the charge be reduced to?

Back

voluntary manslaughter

Card 3

Front

what section is the defence found?

Back

Preview of the front of card 3

Card 4

Front

d will not be convicted of murder if he was suffering from what?

Back

Preview of the front of card 4

Card 5

Front

where must this arise from?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »