Diminished Responsibility

Descrição

Key cases in the defence of diminished responsibility
Yasmine King
FlashCards por Yasmine King, atualizado more than 1 year ago
Yasmine King
Criado por Yasmine King mais de 7 anos atrás
6
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Resumo de Recurso

Questão Responda
Byrne (case facts) D a sexual psychopath,strangled and mutilated a young woman. Medical evidence suggested he couldn't control himself
Byrne (legal principle) " A state of mind so different from that of an ordinary human being that a reasonable man would term it abnormal" Has to be at the time of the killing
Martin Paranoid Personality Disorder
Ahluwalia Battered women's syndrome
Seers Depression
Boots Post natal depression
Edgington Schizophrenia
Di Duca (legal principle) The effects of alcohol or drugs is not a medical condition
Wood (legal principle) Alcohol dependency syndrome and drug dependency syndrome are RMC's
Tandy (case facts) Mrs T drank voluntarily so was able to control it. Not Alcohol dependency
Tandy (legal principle) Persistent abuse of alcohol or drugs that leads to brain damage is an RMC
Lloyd (legal principle) More than trivial but less than total
Golds (legal principle) Ask the jury whether any impairment made any real differences to the D's conduct
Dietschmann (case facts) D suffering from an adjustment disorder in the form of a depressed grief reaction to the death of his aunt. He had also been drinking before killing the victim
Dietschmann (legal principle) Doesn't have to be the sole cause
Saunders (legal principle) Jury do not have to accept medical evidence in isolation, other circumstances can be considered

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