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Murder & VM

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