Partial Defences to murder Flashcards
DR
What is abnormality of mind
R v Byrne
Covers the mind’s activities in all its aspects, including the ability to exercise will power to control physical acts in accordance with rational judgment. Abnormality means a state of mind so different from that of ordinary human beings that a reasonable man would term it abnormal
Intoxication is not an abnormality of mind
R v Dowds
Not a medical condition
DR
What is meant by substantial?
R v Golds
Has to be significant and made it very hard to control yourself
If the impairment was substantially responsible doesn’t matter if there were other factors too
R v Dietschmann
Depressed and drunk - doesn’t matter that he was drunk as long as the depression was significant
Defendant may only rely on DR if there was medical evidence of his condition. Doctor says how serious it is and whether it would have had a significant effect
R v Dix
Evaluative question of substantial impairment to be decided by jury
R v Khan
Generally, where both sets of experts agree on SI through DR then jury gets no input
R v Brennan
What constitutes circumstances of an extremely grave character
R v Clinton
Sexual infidelity cannot (presumably so men can no longer kill cheating wives). Can kill the other man though. Jealous stalkers are not caught by this. Sexual infidelity can be considered in conjunction with other things.
Must be judged on what someone of same age/gender would have done
DPP v Camplin
Must be judged as a 15 year old boy
Don’t consider things bearing on their capacity of tolerance or self-restraint such as mental conditions
Att-Gen for Jersey v Holley
Not judged as a person with depression
LofC is for normal people in bad conditions, not people with something wrong with them.
Don’t consider things bearing on their capacity of tolerance or self-restraint such as intoxication
R v Asmelash
LoC not available where D incites violence for the purpose of allowing further iolence
R v Dawes
