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4 Cards in this Set
- Front
- Back
Irresistible |
Know action is wrong and contrary to law but you can't prevent yourself acting against impulse |
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Kopsch |
D killed his uncle's wife but strangling her with his tie. It was argued that a person under a impulse which he could not control is not criminally responsible as they lack capacity. The court described this as a fantastic theory which if became part of the criminal law would merely become subversive. |
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Sodeman |
D killed a young girl and had killed 3 other girls in a similar fashion. He argued that when a man knows he is doing wrong he nonetheless should be held to be insane if he is caused to do that act by an irresistible impulse produced by a disease of the mind which he cannot control. This argument was rejected. |
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Defence for irresistible impulse |
Diminished responsibility-partial defence to murder only |