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13 Cards in this Set

  • Front
  • Back

what does diminished responsibility to a murder charge

reduces it to mansl

what was diminished resp introduced by

Homicide Act 1957

what does D have to show to qualify for Diminished Resp.

that he was suffering from an abnormality of mind which arose from a recognised medical condition and substantially impaired his ability to understand his conduct, form a rational judgment and exercise self control. Must also provide an explanation for his AR

which case defines abnormality of mental functioning as ‘different from the norm’

Byrne

what will the jury depend on when considering abnormality of mind

expert psychiatric evidence

which medical condition doesnt suffice for diminished responsibility offence (+ the case)

acute intoxication - Dowd

what case shows understandjng the nature of conduct needs to be substantially impaired

M’Naghten

what case shows the ability to form a rational judgment needs to be impaired

M’Naghten

what case shows ability to exercise control needs to be impaired

Byrne

which case says the causal link between the mental abnormality and D’s behavioud only needs to be a significant contributory factor

Dietschmann

if D raises the defence of DR what can P do

adduce evidence of insanity

if D pleads insanity, what can P counter with

DR

what does D normally prefer, DR or insanity

DR