Dinmished Responsibility Flashcards
I - D (name) may be able to argue the defence of voluntary manslaughter, specifically __ __.
1) diminished responsibility
D - Section __ Coroners and Justice __ 2009 defines diminished responsibility as having a 3 __ test.
1) 52
2) act
3) stage
E - STAGE 1 - The D must be __ from an ___ of mental __ which arose from a recognised ___ condition.
1) suffering
2) abnormality
3) functioning
4) medical
Byrne defined an abnormality of mental __ as “a state of __ so different from that of ___ human beings that the reasonable ___ would term it abnormal”.
1) functioning
2) mind
3) ordinary
4) person
Severe depression
(Seers)
PMT
(Smith)
Battered Wives Syndrome
(Hobson)
Epilepsy
(Campbell)
Paranoia/personality disorder
(Martin)
Irresistible impulses
(Byrne)
Alcohol Dependency Syndrome
A - APPLY the relevant “abnormality” to the scenario
(Stewart)
E - STAGE 2 the ___ of mental functioning must have __ impaired D’s ability to understand the ___ of their ___, form ___ judgments, OR exercise __-__.
1) abnormality
2) substantially
3) nature
4) conduct
5) rational
6) self-control
Substantial ___ must be “___, not trivial” (___)
A - APPLY the relevant one(s) to the scenario
1) impairment
2) weighty
3) golds
E - STAGE 3 states the abnormality must be the __ for the __.
1) reason
2) killing
s.2 (1) (B) (Amended) Homicide Act 19__. The abnormality must be a ___ contributory factor in the ___ of V. (meaning D only killed because of their ___)
A - APPLY to the scenario
1) 1957
2) significant
3) killing
4) abnormality
