Diminished responsibility

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  • Created by: _marxlee
  • Created on: 30-04-17 16:11
what type of defence is this and to what charge?
part, murder only
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if accepted, what will the charge be reduced to?
voluntary manslaughter
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what section is the defence found?
section 2 of the homicide act 1957 as amended by s52 coroners and justice act 2009
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d will not be convicted of murder if he was suffering from what?
an abnormality of mental functioning
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where must this arise from?
a recognised medical condition
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what must the medical condition do?
substantially impair d's ability to; understand the nature of d's conduct, to form a rational judgement, to exercise self control
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what must the abnormality of mental functioning provide?
an explanation for d's acts and omissions in doing or being a party to the killing
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true or false? the prosecution have to prove that d had committed the actus reus and had the mens rea for murder
true
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what counts as a recognised medical condition?
psychopathy, battered women's syndrome, paranoid personality, ptsd, alcoholism
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what case links to psychopathy?
r v byrne-sexual psychopath
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what case links to battered women's syndrome
r v ahluwalia
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what case links to paranoid personality?
r v martin
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what case links to ptsd?
kerrie gray
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what case links with alcoholism?
tandy + dietschmann
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what is meant by substantially?
more than some trivial degree of impairment but less than total impairment
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true or false? it must provide an explanation to the killing?
true
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who has to prove the burden of proof?
the defendent
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true or false? burden is proved on the balance of probabilities
true
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who decides whether or not the defendant has shown that the killing was due to the abnormality
the jury
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Other cards in this set

Card 2

Front

if accepted, what will the charge be reduced to?

Back

voluntary manslaughter

Card 3

Front

what section is the defence found?

Back

Preview of the front of card 3

Card 4

Front

d will not be convicted of murder if he was suffering from what?

Back

Preview of the front of card 4

Card 5

Front

where must this arise from?

Back

Preview of the front of card 5
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