Murder

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  • Created by: Xandra_95
  • Created on: 02-04-14 20:02
Byrne (1960) B was a sexual psychopath who strangled and mutilated young woman.
CA substituted verdict of manslaughter as medical evidence said B could not control perverted desires.
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Dietschmann (2003) D killed man who was disrespectful to memory of his aunt who had recently died. D suffering from grief-induced adjustment disorder but also drunk.
HL held needed to prove was substantial impairment induced by abnormality of mind without effect of intoxication.
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Tandy (1989) T was alcoholic who normally drank Cinzano or barley wine but after drinking most of a bottle of vodka killed daughter who said she had been abused by T's husband.
T appeal against murder conviction quashed as no evidence T had been injured or that drinking was involuntary.
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Wood (2008) W went to flat after drinking heavily and fell asleep. W said woke to find man trying to perform oral sex on him so W killed him with meat cleaver. W was suffering from ADS but unclear whether had damaged his brain.
CA overturned W's conviction after trial judge said brain damage induced by long-term alcohol use was needed and not all W's drinking needed to be involuntary.
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Dowds (2012) D and gf heavy binge drinkers with violent relationship. They drank two litres of vodka and D stabbed her 60 times. D argued voluntary acute intoxication, a recognized medical condition, but D not alcoholic.
CA dismissed D's appeal as voluntary intoxication would still not give rise to a recognized medical condition.
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R v Ahluwalia (1993) D, subjected to 10 years of spousal violence and degradation, threw petrol in her husband's bedroom and set it alight,causing his death.
The court of appeal admitted evidence, quashing the murder conviction on the basis of D's depressive condition. At re-trial her plea of manslaughter by defence of diminished responsibility was accepted.
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R v Antoine (2000) D aged 16 and another youth brutally murdered V aged 15, apparently as a sacrifice to the devil.
D appealed against decision for no DR under the criminal procedure act s4A(2) where he had been found unfit to plead to murder by reason of his mental disability and where the jury found that D had committed murder. Appeal dismissed.
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Card 2

Front

HL held needed to prove was substantial impairment induced by abnormality of mind without effect of intoxication.

Back

Dietschmann (2003) D killed man who was disrespectful to memory of his aunt who had recently died. D suffering from grief-induced adjustment disorder but also drunk.

Card 3

Front

T appeal against murder conviction quashed as no evidence T had been injured or that drinking was involuntary.

Back

Preview of the back of card 3

Card 4

Front

CA overturned W's conviction after trial judge said brain damage induced by long-term alcohol use was needed and not all W's drinking needed to be involuntary.

Back

Preview of the back of card 4

Card 5

Front

CA dismissed D's appeal as voluntary intoxication would still not give rise to a recognized medical condition.

Back

Preview of the back of card 5
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