Partial Defences: Voluntary Manslaughter: Diminished Responsibility

Elements with cases, definitions, disadvantages, reforms

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  • Created by: Anisha
  • Created on: 10-06-11 09:29

1. Partial Defences can be used:

  • To reduce Ds sentence
  • To abolish Ds sentence
  • Increase Ds sentence
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Other questions in this quiz

2. Partial Defences can only be used as a defence for Murder

  • True
  • False

3. Diminished Responsibility is

  • A Statutory Defence defined in: s3 Homicide Act 1957
  • A Statutory Defence defined in: s2 Homicide Act 1967
  • A Statutory Defence defined in s52 Coroners and Criminal Justice Act 2009
  • A Common Law Defence as defined by Lord Denning
  • A Statutory Defence define in s4 Homicide Act 1957

4. In Diminished Responsibility, Byrne is the key case for which element?

  • Inherent Causes
  • Abnormality of the Mind
  • Substantially Impair the Mental Responsibility of Your Act

5. What happened in this case?

  • D, alcoholics, drank nearly a whole bottle of vodka and strangled V (11 year old), usual drink barley wine/vermouth
  • 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’
  • Intoxicated D, mentally bordering abnormality, went into an elderly woman’s house, attacked and killed her, with intent to rob her
  • D strangled his wife. There was Medical evidence to suggest that D suffered from depression

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