Diminshed Responsibility

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Where is the defence of diminished responsibility found?
S.52 Coroners and Justice Act 2009.
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An abnormality of the mind was defined in Byrne as "a...
"...state of mind so far from that of an ordinary human being that the reasonable man would term it abnormal."
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What cases demonstrate PND, PMT and BWS respectively?
Reynolds, English and Ahuluwalia/Thornton.
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The AOM must arise from a recognised medical condition. Where can a list of these recognised medical conditions be found?
World Health Organisation's International Classification of Diseases.
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The AOM must substantially impair a person's mental responsibility. It must be a significant...
...contributory factor in causing the D to act as he did.
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The AOM must substantially impair a person's mental responsibility. It need not be the only cause,...
...the main cause or most important factor.
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The AOM must substantially impair a person's mental responsibility. What case states that the impairment must be more than trivial?
Egan.
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What three things must be substantially impaired?
The D's ability to 1) understand the nature of his conduct, 2) form a rational judgement, 3) exercise loss of self-control.
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What must there have been a connection between?
The AOM and explanation for the killing.
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What is the case used to support the fact that intoxication cannot be used alone to support a defence of diminished responsibility?
Di Duca.
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What is the principle of Dietschmann?
You can still look at the D's abnormality even if the D was intoxicated.
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In what case was the D's brain damage considered, even though he had been intoxicated?
Hendy.
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The case of Wood shows what can be an AOM?
Alcohol dependency syndrome.
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What case states that the nature and extent of the alcohol dependency must be considered?
Stewart.
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Other cards in this set

Card 2

Front

An abnormality of the mind was defined in Byrne as "a...

Back

"...state of mind so far from that of an ordinary human being that the reasonable man would term it abnormal."

Card 3

Front

What cases demonstrate PND, PMT and BWS respectively?

Back

Preview of the front of card 3

Card 4

Front

The AOM must arise from a recognised medical condition. Where can a list of these recognised medical conditions be found?

Back

Preview of the front of card 4

Card 5

Front

The AOM must substantially impair a person's mental responsibility. It must be a significant...

Back

Preview of the front of card 5
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