5382409
Description
Flashcards by Chantal Briancon, updated more than 1 year ago
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Created by Chantal Briancon
over 8 years ago
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| Question | Answer |
| What is diminished responsibility? | Diminished responsibility is a partial defence to murder that is covered under voluntary manslaughter. It was introduced under the Homicide Act 1957 as a criticism of the defence of insanity. |
| R V CAMPBELL | Diminished responsibility is no defence to attempted murder |
| R V DUBAR | Diminished responsibility must be proved by the defendant. |
| R V LAMBERT; ALI AND JONES | Placing the legal burden of proof on the defendant does not violate the presumption of innocence under Article 6.2 of the ECHR |
| What is an abnormality of mental functioning? | It must be proved that the defendant was suffering from an abnormality of mental functioning at the time at which the killing took place. This was changed from 'abnormality of the mind' to encompass all of the brains activities. |
| R V BRYNE | Lord Parker stated that an abnormality of mental functioning means 'a state of mind so different from that of an ordinary human being that the reasonable man would term it abnormal'. |
| What is a recognised medical condition? | It must be established that the abnormality of mental functioning is caused by a recognised medical condition. Must conditions are not recognised due to the introduction of the Coroners and Justice Act 2009. |
| R V SMITH | Pre-menstrual tension |
| R V ALHUWALIA | Depression |
| R V VINAGRE | Morbid jealousy |
| R V HOBSON | Battered woman syndrome |
| R V SANDERSON | Paranoid psychosis and fundamental mental illness as well as organic or physical injury or disease of the body, including the brain. |
| The defendants abilities must be substantially impaired | It must be proved that the recognised medical condition substantially impairs the defendants ability to form a rational judgement, exercise self-control OR understand the nature of their actions. |
| R V BYRNE | Lord Parker stated that 'the accused's mind must be answerable for his actions' |
| R V LLOYD | Whether or not the defendant's ability was impaired is for the jury to decide |
| R V RAMCHUM | It is not necessary for the defendant to show that his mental ability was so grossly impaired as to be extinguished. |
| R V BROWN | The impairment must be more than minimal. |
| Voluntary intoxication and diminished responsibility | Where the defendant is voluntarily intoxicated, they will not be able to use the defence - voluntary intoxication does not cause an abnormality of mental functioning |
| R V FENTON | Voluntary intoxication cannot produce an abnormality of mental functioning |
| R V WOOD | Sir Igor stated 'the consumption of alcohol cannot without more, bring his actions within the concept of diminished responsibility' |
| R V DOWDS | Voluntary intoxication is not capable of founding diminished responsibility |
| Alcohol dependency syndrome | Where the defendant suffers from alcoholism, this may amount to a recognised medical condition that causes an abnormality of mental functioning |
| R V TANDY | The disease of alcoholism can amount to an abnormality of mental functioning |
| R V WOOD | Alcoholism can be deemed as abnormality of mental functioning even when there has been no brain damaged due to the excess drinking |
| R V STEWART | Alcoholism will be deemed as a recognised medical condition where drinking done by the defendant has become involuntary |
| Multiple causes | Issues arise where the defendant suffers from multi causes. This may be that the defendant suffers from an abnormality of mental functioning but is also intoxicated at the time of the killing |
| R V GITTENS | The defendant's abnormality of mental functioning had bee caused partly by his depression and partly due to his consumption of alcohol |
| R V DIETSCHMANN | The jury should be directed to disregard the defendant's intoxication in such a situation. |
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