reasons to get a lesser sentence Flashcards
diminished responsibility
if defendant can show mental condition reduced their ability to understand what they where doing or forming a rational judgment the judge can reduce conviction to manslaughter
examples of diminished responsibility
SAD (seasonal affective disorder), greif, psychotic break, manic episode, bereavment, post-natal depression, mental health issues
loss of control
partial defence that may reduce offence to manslaughter
examples of loss of control
jealousy, rage, revenge, loss of emotional control, triggered via split second decision, ‘crime of passion
automatism
if the defendant can show the act was involuntary they can plead to defence of automatism
examples of automatism
sleepwalking, strong medication, no conciousness, doesn’t know what they where doing, schizofrenia or delusions