diminsihed responsibility - voluntary manslaughter Flashcards
Byrne
D murders and mutilares a girl at the YMCA. Case successful as D was a sexual psychopath. The abnormality of mind test was used in old law.
New test is abnormality of mental functioning.
The test for the jury: was Ds state of mind so different from that of the normal person that any reasonable person would term it abnormal?
Golds
D kills his partner. Significant evidence as what would count as substantial i oírme tu. Lack of capacity to provide evidence in court was insufficient.
Dowds
Kills his partner when heavily intoxicated. Wife had 60 knife wounds. D must be alcohol dependant in order to succeed with alcoholism as an abnormality of mental functioning.
Dietschmann
Kills while intoxicated but also had a separate abnormality of mental functioning. D had an adjustment disorder. Case successful. Intoxication disregarded.
Wood
Murders friend with a meat cleaver. D had brain damage due to alcohol dependency syndrome.