Diminished Responsibility

Created by: Hayleyginny2345
Created on: 31-10-13 09:17

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?

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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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Other cards in this set

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

Card 4

Front

Cases to support these mental functionings

Back

Card 5

Front

What does substantially impaired mean?

Back

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Diminished Responsibility