Diminished Responsibility Cases Flashcards
Standard if proof is on the balance of probabilities
WILCOCKS
Abnormality of mental functioning
BYRNE
Medical evidence needed
BUNCH
2 medical professionals agree, D must not be charged with murder
BRENNAN
Depression
SEERS
Asperger’s syndrome
JAMA
Adjustment disorder
DIETSCHMANN
Battered women’s syndrome
AHLUWALIA
Schizophrenia
KHAN
Alcohol dependency syndrome
STEWART
Alcoholism
WOOD
Personality disorder
MARTIN
Postnatal depression
REYNOLDS
Pre-menstrual tension
SMITH
PSTD, Diabetes, epilepsy
CAMPBELL
More than trivial, not total
GOLDS, confirming LLOYD
Intoxication on its own can’t be the explanation for the killing
DOWDS
Being intoxicated doesn’t prevent an abnormality of mental functioning from providing an explanation for the killing
DIETSCHMANN
Intoxication due to alcohol dependancy syndrome or alcoholism that caused damage to the brain can provide explanation
STEWART / WOOD
Can still rely on the defence if intoxication if it is in fact the cause of the killing
JOYCE and KAY