DIMINISHED RESPONSIBILITY Flashcards

(18 cards)

1
Q

how is diminished responsibility defined

A

s2 homicide act 1957, amended by the coroners and justice act 2009

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2
Q

byrne

A

An abnormality of mental functioning is when D’s mental functioning is so different from that of an ordinary person’s that a reasonable person would call it ‘abnormal’

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3
Q

case for paranoid personality disorder?

A

martin

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4
Q

battered womens syndrome

A

ahluwalia

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5
Q

case for depression

A

seers

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6
Q

case for extreme stress

A

brown

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7
Q

case for schizophrenia

A

edgington

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8
Q

case for diabetes

A

hennessy

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9
Q

Di duca?

A

Being intoxicated is NOT a recognised medical condition

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10
Q

Wood?

A

dependency syndromes/addiction is a recognised medical condition

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11
Q

Tandy

A

RMC caused by using alcohol or drugs (brain damamge) are still RMC’s

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12
Q

R v Golds

A

a substantial impairment means that the abnormality has more than minimal impact to D’s ability to understand the nature of their conduct, form a rational judgment or exercise self control

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13
Q

what are the 3 things that can be impaired

A

understand the nature of their conduct
forming a rational judgement
excersing self control

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14
Q

example of nature of conduct

A

delusions- thinks that they are killing an alien when they are killing a human

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15
Q

example of forming a rational judgement

A

thinks its ok to kill humans bc they r evil

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16
Q

example of not exercising self control

17
Q

Section 2(1B) of the homicide act 1957

A

D’s abnormality explains D’s conduct when it causes or
is a significant contributory factor in causing D to kill

18
Q

Dietschmann?

A

d’s abnormality doesnt need to be the only reason why they kill, just a sig part of why