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Criminal Law - VolMS

Voluntary Manslaughter: Diminished Responsibility

QuestionAnswer
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, and explains D's actions (causation)
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
Created by: Oscar.G
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