diminished responsibility Flashcards
What case links to the abnormality of mental functioning ?
R v Byrne (1960)
what happened in the case of R v Byrne (1960) ?
D strangled and sexually assaulted a women then murdered her due to incontrollable sexual impulses. The court held that “abnormality of the mind” for diminished responsibility.
Legal principle of R v Byrne (1960) ?
“state of mind so different from that of an ordinary human being that the reasonable person would think that its abnormal”
What case links to the D bein substantially impaired ?
Lloyd (1960)
If someone is substantially impaired they can not …
- Understand the nature of their conduct
2,. ability to form rational judgment
3.ability to exercise control
The D must have a recognized medical..
condition
what case links to battered woman’s syndrome
R v Ahluwalia
What happened in R v Ahluwalia (1992)
D was being abused husband for years, he put an iron on her so she waited or him to go to bed, got petrol and set him on fire when he was sleeping. CHANGED THE LAW
Legal principle of R v Ahluwalia (1992)
Provocation was abolished because it didn’t account for the people who had people chipping away at them for a long period of time. Thanks to pressure groups and upraw.
Which act introduced diminished responsibility ?
The Homicide act (1957)
The defense must show that the medical condition led to…… which shows an explanation for…..
medical condition led to abnormality of mental functioning which is shows an explanation for the killing. ( R v Golds)
What happened in R v Golds ?
D murdered his partner, there was medical evidence to show he suffered from psychosis however it needed to be proven he was in a psychotic state at the time of the killing.
What happened in R v Lloyd (1966) ?
Medical evidence showed the D suffered from reactive, recurrent depressions and his mental responsibility was impaired by the abnormality but not to a substantial degree. D had strangled wife so was convicted of murder.
Legal principle of R v Lloyd (1966)
The substantial impairment was to be interpreted in a common- sense way as more than trivial.
