diminished responciblity Flashcards
who must prove the defence
the defendant
what acts cover dr
s2 homicide act 1952 amended by
corners justice act 2009
what defence did it replace
provocation
what happens to the cases of provocation in turms of dr
they are no longer binding but can be persuasive
what happens if the prosecution agree with the defence of dr
the judge can accept it and it won’t get to the jury
what can the prosecution do is the d pleads insanity
argue it’s dr
what are the four things that must be proven for dr
amf
stops d from being competent(3things)
comes from RMC
which provides explanations for act/omission
what case was amf established in
r v burne
what’s the definition of amf
where the d mental functioning is so different from that of an odanary human beings the the reasonable man would term it abronmal
where is Rmc defined
not in statute but in cpc guidelines in accepted classifications list
give examples of an Rmc
asberges
mental deficiency
alcoholism
epilepsy
schizophrenia
post natal depression
battered woman’s syndrome
what must the rmc stop the d from doing
ability to understand nature of conduct
from a rational judgment
exercise self control
give an example of something that would stop the d from understanding the nature of conduct
delusions
learning difficulty
give an example of something that would stop the d from forming a rational judgement
battered woman’s syndrome
paranoid personality disorder
give an example of something that would stop the d from exercising self control
psychopath
