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Law paper 1 > Voluntary Manslaughter - Diminished Responsibility > Flashcards

Voluntary Manslaughter - Diminished Responsibility Flashcards

1
Q

What is the act that defines diminished responsibility?

A

S2 Homicide Act 1957 (as amended by the Coroners and Justice Act ‘09)

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2
Q

What type of defence is it

A

Partial - reduces murder to manslaughter
Special - only applies to murder

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3
Q

What are the 4 parts of the defence?

A
  1. Abnormality of mental functioning
  2. Recognised medical condition
  3. Substantially impairs D’s abilities
  4. Explains Ds act/omission
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4
Q

What do you look for in a scenario when looking for abnormality of mental functioning?

A

Symptoms/behaviours

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5
Q

Abnormality of mental functioning means…

A

A state of mind so different from that of an ordinary human being that a reasonable man would term it abnormal

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6
Q

Case for abnormality of mental functioning

A

Byrne

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7
Q

How does D show he has a recognised medical condition?

A

Expert medical evidence

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8
Q

Case for paranoid personality disorder

A

Martin

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9
Q

Case for battered woman syndrome

A

Ahluwalia

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10
Q

Case for depression

A

Seers

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11
Q

Case for extreme stress

A

Brown

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12
Q

Case for schizophrenia

A

Edgington

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13
Q

Case for diabetes

A

Hennessy

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14
Q

Immediate effect of alcohol is not a recognised medical condition

A

Di Duca

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15
Q

Alcohol dependency syndrome is a recognised medical condition

A

Wood

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16
Q

Brain damage caused by alcohol abuse is a recognised medical condition

A

Tandy

17
Q

D’s abnormality must cause a ‘more than minimal’ impairment of his abilities

A

R v Golds

18
Q

D’s ability to do which 3 things must be impaired?

A
  1. Understand nature of conduct
  2. Form a rational judgement
  3. Exercise self control
19
Q

D’s symptoms/behaviour explains why he killed if they cause him to kill or are a significant factor in causing him to kill

A

Section 2(1B) of the Homicide Act 1957

20
Q

Case for abnormalities providing an explanation for D’s conduct

A

Dietschmann

Law paper 1 (8 decks)

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