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13 Cards in this Set
- Front
- Back
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what does diminished responsibility to a murder charge |
reduces it to mansl |
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what was diminished resp introduced by |
Homicide Act 1957 |
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what does D have to show to qualify for Diminished Resp. |
that he was suffering from an abnormality of mind which arose from a recognised medical condition and substantially impaired his ability to understand his conduct, form a rational judgment and exercise self control. Must also provide an explanation for his AR |
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which case defines abnormality of mental functioning as ‘different from the norm’ |
Byrne |
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what will the jury depend on when considering abnormality of mind |
expert psychiatric evidence |
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which medical condition doesnt suffice for diminished responsibility offence (+ the case) |
acute intoxication - Dowd |
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what case shows understandjng the nature of conduct needs to be substantially impaired |
M’Naghten |
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what case shows the ability to form a rational judgment needs to be impaired |
M’Naghten |
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what case shows ability to exercise control needs to be impaired |
Byrne |
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which case says the causal link between the mental abnormality and D’s behavioud only needs to be a significant contributory factor |
Dietschmann |
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if D raises the defence of DR what can P do |
adduce evidence of insanity |
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if D pleads insanity, what can P counter with |
DR |
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what does D normally prefer, DR or insanity |
DR |
