Fatal Offences: Diminished Responsibilty Flashcards
What is voluntary manslaughter?
Where D has satisfied the AR and MR for murder but have a defence as to why they killed
Reduces the charge of murder down to voluntary manslaughter
What act sets out voluntary manslaughter?
Coroners and Justice Act 2009
What kind of defence is voluntary manslaughter?
Partial defence
Which Act defines DR?
S.52 Coroners and Justice Act 2009
What did S.52 Coroners and Justice Act 2009 define DR as?
‘Person shouldn’t be convicted if they were suffering from an AMF which arises from a RMC which SIAT understand nature, form rational judgement, excercise self control and provides an explanation for D’s conduct’
Where does AMF come from?
S.52(1) C & J Act 2009
Explan AMF?
Established through medical evidence
Which case established AMF?
Byrne
What did Byrne establish AMF as?
A state of mind so different from that of ordinary human beings that a reasonable man would term it abnormal
Where does RMC come from?
S.52 (1)(a) C & J Act 2009
Explain RMC?
RMC on the internationally defined list
Up to defence to produce medical evidence that D has a RMC
What is on the internationally defined list?
ADS (Tandy)
BSS (Ahluwalia)
Depression (Seers)
Autism (Conray)
Sz (Kay)
Paranoid Personality (Squelch)
What happened in Challen?
Wife killed husband, was on anti-depressants, depression caused by husband so could use defence
Where does SIAT come from?
S.52 (1)(b)
Name the three gateways?
S.52 (1A) (a) Understand their conduct
S.52 (1A) (b) Form rational judgement
S.52 (1A) (b) Excercise self control
