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Crime 4

Murder & VM

TermDefinition
Diminished Responsibility Partial defence to murder based on an abnormality of mental functioning
Loss of Control Partial defence to murder based on a fear or anger trigger
Barriers to LoC Sexual infidelity, incitement, revenge
Byrne DR case - psychopath
Vinaigre DR case - 'Othello Syndrome'
Clinton Sexual infidelity not a barrier if 'part of context'
Dawes D hadn't lost control and just wanted V to leave
Hatter End of a relationship isn't 'grave' enough for anger trigger
Bowyer Abuse received when burgling somebody didn't give a 'justifiable' sense of being seriously wronged
Ahluwalia BWS is an RMC. Would now use fear trigger
Wood Alcoholism can be an RMC
Dietschmann Intoxication should be disregarded when looking at effects of the RMC
Campbell DR case - brain damage
Ward 'Things said or done' needn't be directed at D
Dowds Voluntary intoxication is not an RMC
Golds Give 'substantial' its normal meaning
Asmelash Intoxication can't be a 'characteristic' for LoC
Gurpinar Judge decides whether LoC may be put to jury
Zebedee Father with Alzheimer's disease
Martin DR & self defence
Lambert Burden of proof for DR is on D - this complies with ECHR
Janiszewski PTSD as an RMC
Spencer Aspergers as an RMC
Brown Old DR cases can still apply
Erskine Schizophrenia as an RMC
Price DR used in mercy killing
O'Connell Prescription drug use not an RMC
Lord Coke Gave 'accepted' definition of murder
Gibbins & Proctor Murder can be committed by omission
Vickers/Cunningham Implied malice can be MR of murder
Woollin/Matthews & Alleyne Indirect intent sufficient for murder
Adams Doctrine of 'double effect' protects doctor
Inglis Mercy killing is still murder
Rejmanski Circumstances affecting D's capacity for tolerance can't be considered in LoC
Created by: Mr Lovell
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