Diminished Responsibility

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The new defence replaces the old words 'abnormality of mind' with...
Abnormality of mental functioning
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Sentence will be reduced from murder to manslaughter if...
1) Arose from a medical condition 2)Impaired defendant's ability to do one or more of the things mentioned in S52 1a 3) Provides an explanation for D's act in doing or being a part of the killing
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What are the medical functions that come under S52 1a
1.Psycotic disorders 2.Post natal depression 3.Pre-menstral tension 4. Battered wife syndrome
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Cases to support these mental functionings
1. Psycotic disorder - Byrne 1960 2. Post-natal depression - Reynolds 1988 3. Pre-menstral tension - English 1981 4. BWS - Ahluwalia 1992
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What does substantially impaired mean?
Must impair the defendants ablity to understand the nature of his conduct and form a rational judgement
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What three things are included in S52 1a - sunstantially impaired judgement?
a - Underdstand the nature of their conduct b - Unable to form a rational judgement c - Unable to exercise self control
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What is stated in section 52 1b?
Abnoirmality must provide an explanation for the killing and is a significant contributory factor in causing D to carry out the act
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What happens if D is both mental and intoxicated?
They may be still intitled to the defence of DR
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Intoxication cases...
1 Gittens 1984 2 Dietschmann 2003 3 Egan
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ADS - Alcohol dependant syndrome - Cases
Wood 2008 (meat clever) 2 RvDowds 2012 - (binge drinker killed wife)
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Is there a defence to voulntary intoxication?
NO
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ADS - Stewart test 2009 3 step test:
1) Was the defendant suffering abnormality of mental functioning 2) Was it caused by ADS 3) Was defendants mental responsibility substantially impaired
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Burden of proof states...
The defendant raises DR has the burden of proving beyond reasonable doubt DR sould be granted
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Card 2

Front

Sentence will be reduced from murder to manslaughter if...

Back

1) Arose from a medical condition 2)Impaired defendant's ability to do one or more of the things mentioned in S52 1a 3) Provides an explanation for D's act in doing or being a part of the killing

Card 3

Front

What are the medical functions that come under S52 1a

Back

Preview of the front of card 3

Card 4

Front

Cases to support these mental functionings

Back

Preview of the front of card 4

Card 5

Front

What does substantially impaired mean?

Back

Preview of the front of card 5
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