Diminished responsibility Flashcards
Introduced by section ___ of the H____ Act 19___
s2 of the Homicide Act 1957
Was amended by section ___ of the Coroners and Justice Act 2009
s52
Which two acts are relevant to diminished responsibility?
- s2 Homicide Act 1957
- s52 Coroners and Justice Act 2009
True or false: Diminished responsibility is a defence specific to murder
True
s__ gives us an overview of the defence and tells us of the ___ elements required to satisfy it.
s52
Three
Element 1: D must be suffering from an a___ of m__ f___ arising from a r____ medical condition
Abnormality of mental functioning arising from a recognised medical condition
R v Byrne gives us the definition of:
Abnormality of mental functioning
“A state of m___ so different from that of the o____ human being that the r____ man would deem it a____”
A state of MIND so different from the ORDINARY human being that the REASONABLE man would deem it ABNORMAL
“A state of m___ so different from that of the o____ human being that the r____ man would deem it a____”
Mind
Ordinary
Reasonable
Abnormal
True or false: Medical conditions can be physical or psychiatric
True
Examples of cases involving medical conditions R v G\_\_\_\_\_ (Chronic depression) R v S\_\_\_ (Pre-menstrual tension) R v Ahluwahlia (Battered woman syndrome) R v \_\_\_\_\_\_(Epilepsy)
Gittens
Smith
R v Campbell
Section 52 1b gives us the ___ element
Second
Section 52 1b declares that the mental abnormality must do one of three things:
- ____ the nature of his conduct
- Form a rational ____
- Exercise s__-c____
- Understand the nature of his conduct
- Form a rational judgement
- Exercise self-control
R v Brown gives us the definition of:
Substantial impairment
Substantial means “more than ____ but less than__”
More than trivial but less than total
What case provides clarity of the meaning of substantial?
R v Brown
Element 3: The abnormality of functioning can e____ the defendant’s conduct
Explain
True or false: Intoxication alone cannot satisfy the defence of diminished responsibility.
True
Which case declares that intoxication alone does not satisfy the defence of diminished responsibility?
R v Egan
What does R v Wood tell us?
Alcohol Dependency syndrome is a valid disease for the defence of diminished responsibility
s2(1) Homicide Act 1957 says that…..
Someone is not to be convicted of murder if he was suffering from “an abnormality of mental functioning.”
