Failure to act - Pittwood/Gibbins & Proctor/Stone & Dobinson/Miller/Dytham
7 of 27
Mens rea
Intention to kill or intention to cause GBH
8 of 27
Direct intent
Mohan
9 of 27
Intention to cause GBH
Vickers
10 of 27
Oblique intent
Woollin - virtual certainty test
11 of 27
Transferred malice
Latimer/Pembilton
12 of 27
Coincidence of AR/MR
Fagan/Thabo Meli
13 of 27
Diminished Responsibility
Special/partial defence. s.2(1) Homicide Act 1957 as amended by the Coroners and Justice Act 2009
14 of 27
Burden of proof and standard of proof required?
Is on the Defendant on the balance of probabilities
15 of 27
Definition
D was suffering from an abnormality of mental functioning which; arose from a recognised medical condition, substantially impaired D's ability and provides an explanation for his actions
16 of 27
'recognised medical condition'
physical, psychological, mental disorder (BWS)
17 of 27
'Substantially impaired D's ability to; understand nature/quality of act or form a rational judgement or exercise self control'
delusions/automatic state, paranoia/schizophrenia/BWS or Byrne
18 of 27
'provides an explanation for D's act/omission'
new principal introducted by CJA 2009. Must be a causal connection
19 of 27
DR and intoxication
Dietschmann - if jury is satisfied abnormality arose despite being intoxicated = defence available
20 of 27
Intoxication due to alcohol dependancy
Stewart - extent of ADS to be considered as it can be classed as an abnormality
21 of 27
Loss of Control
s.54 Coroners and Justice Act 2009
22 of 27
D must have lost self control
need not be sudden
23 of 27
Qualifying trigger
s.55 CJA 2009. Fear of serious violence, things said or done or both, extremely grave character and caused a justifiable sense of being seriously wronged
24 of 27
A person of the same sex and age would have reacted the same way in the same circumstances
Camplin test. Other circumstances - relevant to the reaction
25 of 27
Excluded matters
sexual infidelity on its own - not sufficient (Clinton)
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