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
how is substantial defined in r v lloyd
not total but not minimal or trivial
how is substantial defined in golds
important or weighty
why may the d not be able to understand the nature of conduct
d in an automatic state/has delusions
they don’t understand what they are doing
eg learning difficulties
why may the d not be able to form a rational judgement
they may know nature of conduct but can’t form rational decisions
eg schizophrenia
why may the d not be able to exercise self control
phycopath can’t control impulses
what must d prove the amf does
provides an explanation for act or omission
what kind of connection must be between amf and killing
some causal connections
what on its own cannot be the basis of defence of dr and a case example
intoxication
how will the jury consider if there is both dr and intoxication
see if the rmc would cause killing without intoxication
what’s Ads
alcohol dependency syndrome
how is ADS different
is there is involuntary intoxication it can be dr
what happened in r v osbourne
d had adhd and was smoking weed
got into fight and killed someone with plank
no dr defence as it was the weed that caused him to do it not adhd
what happened R V Byrne
d was a sexual psychopath and killed and mutilated girl
he had dr as he had uncontrollable impulses
