Diminished responsibility 0.0 / 5 ? LawCriminal lawA2/A-levelAQA Created by: _marxleeCreated 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
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