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Criminal Law - VolMS
Voluntary Manslaughter: Diminished Responsibility
Question | Answer |
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Definiton of Diminished Responsibility | An abnormality of mental functioning from a recognised medical condition that substantially impairs D's ability to understand nature of conduct/form rational judgement/exercise self-control |
Diminished Responsibility statute | s2 Homicide Act 1957 amended by s52 Coroners and Justice Act 2009 |
Byrne | Psychopathy is a recognised medical condiiton |
Ahluwalia | Battered Women's Syndrome is a recognised medical condition |
Vinairgre | Othello syndrome is a recognised medical condition (jealousy) |
Martin | paranoid mental personality disorder is a recognised medical condition (farmer Self-defence case) |
Campbell | Brain damage is a recognised medical condition |
Seers | Depression is a recognised medical condition |
Janiszewski | PTSD is a recognised medical condition |
Spencer | Asperges is a recognised medical condition |
Erskine | Schizophrenia is a recognised medical condition |
Price | Mercy killing - defence of provocation failed |
Dowds | Voluntary intoxication isn't a recognised medical condition |
Dietschmann | Abnormality must merely be a substantial cause of behaviour - allows for some level of intoxication |
Wood | Alcohol Dependency syndrome is a recognised medical condition |
Golds | Defines 'substantial' as a more than trivial impact, less than full |
Lambert | For DR, the burden of proof requires D to prove they had a mental condition upon the balance of probabilities |