Unit 3 LAW03 - Criminal Law or Contract Law (LAW7162)
Institution
AQA
All of my law documents uploaded follow the AQA specification and are of A/A* quality. This document sets out the exam technique of how to write an answer for the partial defence to murder of diminished responsibility. The exam technique I follow is IDEA (Identify the relevant issue, Define the rel...
I However, the defendant may be able to use the partial defence of
diminished responsibility.
D Diminished responsibility is defined by s2 of the Homicide Act 1957 as
amended by s52 of the Coroners and Justice Act 2009 and sets out
four elements.
E s2(1) states there must be an abnormality of mental functioning. R v
Byrne 1960 defines this as a state of mind so different from that of
ordinary human beings that the reasonable man would term it
abnormal.
A In this case…(Apply to case).
E s2(1)(a) states the abnormality of mental functioning must arise from a
recognised medical condition such as psychiatric disorders as seen in
R v Byrne 1960.
E [R v Ahluwalia 1933 states that battered person syndrome is a
[Additional recognised medical condition.]
Legal Issues]
[R v Wood 2008 states that alcoholism is a recognised medical
condition.]
A In this case…(Apply to case).
E s2(1)(b) states that the abnormality of mental functioning must
substantially impair the defendant’s ability to…
> Understand the nature of D’s conduct.
> Exercise self control.
> Form a rational judgement.
R v Egan 1992 states that it must be more than some trivial degree of
impairment but it means less than total impairment.
A In this case…(Apply to case).
E s2(1)(c) states that the abnormality of mental functioning must
provide an explanation for the killing. s2(1B) states the abnormality of
mental functioning caused or was a significant contribution in causing
D to carry out the killing.
E [R v Dietschmann 2003 states has the D satisfied you that, despite the
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