diminished responsibility Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

S.52 Coroners & Justice Act 2009

A

special (murder) and partial (reduces to manslaughter) defence to murder
- needs all 4 elements to be found guilty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

DR

A

show at the time that D was suffering from an abnormality of mental functioning so he was not fully responsible for his actions - lacking culpability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

AMF

A

abnormality of mental functioning - needs to be present at the time of the killing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Byrne

A

sexual psychopath - raped and mutilated a young girl
DR failed as he was aware of his actions
Test - abnormality of mind so different the RM would find it abnormal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

RMC

A

recognised medical condition - no definitions of recognised conditions but must be present at the time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Hobson

A

abused wife stabbed her abusive husband
LOC - failed
BWS was later recognised as a medical condition

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Martin

A

victim of multiple burglaries so shot an intruder

DR - RMC, depression, and paranoid personality

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Brennan

A

male escort stabbed the victim 22 times
DR - RMC, personality disorder and schizophrenia
prosecution didn’t dispute
COA - DR had to succeed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Dowds

A

heavy binge drinkers, D stabbed V 60 times

NOT DR - as acute intoxication is not DR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

SI

A

substantial impairment to understand the nature of the conduct or to form a rational judgement
S.53 C&JA
a) to understand the nature and physicality of what they’re doing
b) to form a rational judgement
c) exercise self control

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Lloyd

A

SI isn’t total impairment but it has to be more than trivial or minimal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Brown

A

COA confirmed the Lloyd test

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Golds

A

D killed his wife
DR - failed and COA upheld conviction and clarified the test of substantial impairment …
SI, RMC must have a significant or appreciable impairment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Casual link

A

a significant contributing factor which causes D to carry out the conduct, but it doesn’t need to be the sole reason

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Intoxication alone

A

transient effect and not an injury so doesn’t amount to AMF

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Di Duca & O’Connell

A

COA excluded acute intoxication

17
Q

Dowds & Bunch

A

COA confirmed that intoxication isn’t DR

18
Q

Intoxication & separate disorder

A

test - without the intoxicant would D have the AMF/RMC which substantially impairs behaviour

19
Q

Dietschmann

A

kicked a man to death as he’d broken his watch
DR - without the drink D still had the AMF of depression that impaired his actions
HOL confirmed that the drink and depression could both play a role

20
Q

Robson and Swan

A

confirmed the Dietschmann approach & DR succeed

21
Q

Intoxication and disease

A

D has to establish that they suffered a brain damage and that the drinking was involuntary

22
Q

Tandy

A

alcoholic who strangled her daughter
NOT DR - as both parts failed
1 - brain damage
2 - proving drink was involuntary

23
Q

Wood

A

alcohol dependant, fell asleep whilst V tried oral sex on D so D killed V
COA - alcohol dependence syndrome is now an AMF and the jury have to decide if ADS impaired D’s ability