Voluntary Manslaughter: Diminished Responsibility 0.0 / 5 ? LawCriminal lawA2/A-levelOCR Created by: 10dhallCreated on: 22-01-17 21:44 What act is diminished responsibility under? Homicide Act 1957 1 of 13 What sentences can be given? Hospital 50%, prison 20%, other 30% 2 of 13 What is diminished responsibility? An abnormality of the mind which impairs someones ability 3 of 13 What does the abnormality need to impair the defendants ability to? 1) Understand the nature of the conduct. 2) Form rational judgement, 3) To exercise self control. 4 of 13 What happens with substantial impairment such as voluntary intoxication? This will not amount to a defence on its own 5 of 13 What are the cases on diminished responsibility? R v Byrne, R v Wood, and R v Stewart 6 of 13 What happened in R v Byrne? The defendant killed and ***** a young girl and mutilated her body due to irresistible impulses of the mind 7 of 13 What happened in R v Wood? The defendant woke up to find a man trying to perform oral sex on him, in which he attacked him and resulted in his death 8 of 13 What happened in R v Stewart? The defendant had chronic alcoholism when he killed a man during a fight 9 of 13 Statistics? Diminished responsibility is successful in 40% of cases 10 of 13 Problems with the current law? Causation issues, some people still not able to access the defence 11 of 13 Positives of the new law? It is more narrow 12 of 13 Problems with the old law? Juries dealing with medical definitions, the role of doctors and some conditions doubted by courts 13 of 13
Comments
No comments have yet been made