Diminished Responsibility & Loss of Control

Question 1

R v Jewell

Answer 1

LOC more than bare assertion (D drove to V’s house and shot V, claiming he lost control)

Question 2

Ahluwalia

Answer 2

Delay between trigger and conduct is allowed (Domestically abused wife killed husband)

Question 3

Ibrams and Gregory

Answer 3

LOC not allowed for revenge killing (I&G hatched plan to beat up friends for revenge and claimed they lost control)

Question 4

Dawes

Answer 4

QT, fear of serious violence against D/another

Question 5

Clinton

Answer 5

QT, things said and done which constituted circumstances of grave character and caused D to have sense of being wrong

Question 6

Rejmanski

Answer 6

Personality disorder not considered

Question 7

Asmelash

Answer 7

Vol, Intoxication not considered (D murdered V whilst intoxicated)

Question 8

Byrne

Answer 8

DR - mental functioning so different from reasonable man

Question 9

Swan

Answer 9

Depression is a medically recognised condition

Question 10

Hobson

Answer 10

Battered wife syndrome is a medically recognised condition

Question 11

Lloyd

Answer 11

Substantially impairs D ability to understand the nature of conduct, form rational decision and exercise self-control

Question 12

Dowds

Answer 12

drunk = insufficient defence

Question 13

Dietschman

Answer 13

abnormality of function + intoxication = difficulties

Question 14

Wood

Answer 14

Alcohol Dependency Syndrome (ADS) 3 part test for jury: was ADS cause of abnormality, did ADS substantially impair, and does D have abnormality as well as.