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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

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.

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.

Defence for irresistible impulse

Diminished responsibility-partial defence to murder only