A Statutory Defence defined in: s2 Homicide Act 1967
2 of 25
In Diminished Responsibility, Byrne is the key case for which element?
Abnormality of the Mind
3 of 25
What happened in this case?
D strangled and mutilated V. D had suffered from perverted sexual desires which had been created irresistible impulses. This is a situation so different that the ‘reasonable man’ would deem it ‘abnormal’
4 of 25
Inherent Causes: What is the key case for Psychopathy?
Byrne
5 of 25
Inherent Causes: What is the case for Paranoia?
Martin (Tony)
6 of 25
What happened in this case?
D, a V of burglaries, shot V (a burglar)
7 of 25
Inherent Causes: What is the key case for Epilepsy?
Campbell
8 of 25
What happened in this case?
D attacked V with a hockey stick
9 of 25
Inherent Causes: What 'cause' matches Gittens?
Depression
10 of 25
What happened in this case?
D&V argued, D beat, killed, ***** her
11 of 25
Inherent Causes: What was the case English about?
PMT can be used as a defence
12 of 25
Name the case: D killed V with a hammer
Reynolds- Post Natal Depression
13 of 25
Name the Cases for Battered Women's Syndrome
Thornton and Ahluwalia
14 of 25
The definition for 'Substantially Impaired' was decided in what case?
Lloyd
15 of 25
What was the definition?
It does not have to be an absolute impairment, just enough which is greater than that experienced by the ordinary person, and more than a minimal/trivial cause
16 of 25
What happened in this case?
D strangled his wife. Medical evidence: D suffered from depression, and so had an abnormal mental responsibility, which was not as ‘minimal’, but not ‘substantial’
17 of 25
Intoxication can also be used:
if D is intoxicated, and suffers from an unrelated abnormality of the mind and Ds abnormality of the mind is caused by intoxication
18 of 25
The cases which decided this were:
Tandy and Egan
19 of 25
What happened in Egan?
Intoxicated D, mentally bordering abnormality, went into an elderly woman’s house, attacked and killed her, with intent to rob her
20 of 25
What happened in Tandy?
D, alcoholic, drank nearly a whole bottle of vodka and strangled V (11 year old), usual drink barley wine/vermouth
21 of 25
Instead of being a defence, should be a mitigating factor in sentencing
Disadvantage
22 of 25
Defence prove they are innocent, goes against conventions: innocent until proven guilty
Disadvantage
23 of 25
Created to fill the gaps from insanity
Disadvantage
24 of 25
Name the statute that implemented that from October 2010, 'Abnormality of the mind' was replaced with ‘Abnormality of mental functioning’
s52 Coroners and Justice Act 2009
25 of 25
Other cards in this set
Card 2
Front
Diminished Responsibility is
Back
A Statutory Defence defined in: s2 Homicide Act 1967
Card 3
Front
In Diminished Responsibility, Byrne is the key case for which element?
Back
Card 4
Front
What happened in this case?
Back
Card 5
Front
Inherent Causes: What is the key case for Psychopathy?
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