Diminished Responsibility Flashcards

1
Q

Act?

A

S2 Homicide Act 1957 (as amended by S 52 Coroners and Justice Act 2009)

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2
Q

AMF: (Byrne)

A

“This is a state of mind so different from the ordinary human being that the reasonable man would find it abnormal”

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3
Q

(Ahluwalia)

A

Battered wives syndrome

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4
Q

(Reynolds)

A

Post natal depression

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5
Q

(Speake)

A

Mental deficiency

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6
Q

(Seers)

A

Depression

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7
Q

(Byrne)

A

Sexual psychopath

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8
Q

(Wood)

A

Alcohol dependency syndrome

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9
Q

(Smith)

A

Premenstrual tension

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10
Q

Substantial impairment S52(1)(b)

A

If they cannot:
A. Understand the nature of their conduct
B. Form a rational judgment
C. Exercise self control

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11
Q

Impairment: (Golds)

A

“important or weighty”

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12
Q

Explains conduct S52(1)(c)

A

Causation

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13
Q

Intoxication: (Egan)

A

Intoxication alone is not a “substantial impairment”

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14
Q

Intoxication:( Diestschmann)

A

Jury ignore the effects of intoxication and decide whether Ds ability is substantially impaired by abnormality of mental functioning

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