Diminished Responsibility Flashcards

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1
Q

What is the case law for AMF?

A

R v Byrne

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2
Q

What is the case law for a RMF?

A

Depression - R V Potts
Schizophrenia - R V Jenkin

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3
Q

What is the case law for substantial impairment?

A

R V Lloyd
R V Gold

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4
Q

What is an AMF?

A

A state of mind so different from that of the normal person that it is considered abnormal

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5
Q

What is an RMC?

A

A medical condition recognised by the world health organisation

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6
Q

What are the three factors to being substantially impaired?

A

Understand nature and quality of acts
Form a rational judgement
Exercise self control

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7
Q

What’s the definition of DR?

A

S52 coroners and justice act 2009
A special defence that may be available if the D is suffering from an AMF that is caused by a RMC

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8
Q

What’s an AMF?

A

A state of mind so different from that of the ordinary person that it would be considered abnormal.

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9
Q

What’s an RMC?

A

A recognised medical condition that is recognised by the world health organisation. Such as schizophrenia or depression.

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10
Q

What does the AMF need to do?

A

Provide an explanation for the killing.

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11
Q

What are the rules for DR and intoxication?

A

No AMF + intoxication = DR x
AMF + intoxication = DR
AMF caused by ADS = DR

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