19 terms

Diminished Responsibility

STUDY
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R v Foye (2013)
The reverse anus is applied by Parliament any state to diminished responsibility and not to loss of control. DR depends on the internal mental condition of the defendant.
R v Brown (2011)
Adjustment disorder
R v Richardson
Alcohol Dependency Syndrome
R v Beaver (2015)
Dementia
R v Potts (2015)
Depression
R v Janiszewski (2012)
PTSD
R v Brennan (2014)
Schizotypal Personality Disorder
R v Jenkin (2014)
Schizophrenia
R v Fenton (1975)
We do not see how self-induced intoxication can of itself produce an abnormality of mind.
R v Gittens (1984)
Where alcohol or drugs are factors to be considered (the jury) should be directed
R v Dietschmann (2003)
The question is this: has D satisfied you that, despite the drink, his mental abnormality substantially improved his mental responsibility for his fatal acts, or not? If he has satisfied you of that, you will find him not guilty of murder but... guilty of manslaughter. If he has not satisfied you of that, the defence is not available.
R v Dowds (2012)
The re-formulation of DR was not intended to reverse the well established rule that voluntary acute intoxication is not capable of being relied upon to found DR. That remains the law.
R v Bunch (2013)
The law draws an important distinction between voluntary intoxication and alcohol dependency.
R v Wood (2008)
ADS is a condition capable of supporting a plea of DR. The jury must ignore the effect of any alcohol consumed voluntarily but may take into account any evidence of involuntary intoxication.
R v Stewart (2009)
Provides a checklist of factors for a jury to use in deciding whether D's alcohol dependence had lead to a 'substantial impairment'.
R v Richardson (2016)
This was a sustained and savage attack on a women who was in effect defenceless. It was carried on for a significant period of time and it ended with her throat being cut. Of course (D) was acting under the influence of his alcohol dependence syndrome, his culpability was thereby reduced.
R v Dix (1982)
Scientific evidence of a medical kind is essential... it makes it a practical necessity if that defence is to begin to run at all.
R v Lloyd (1966)
Substantial does not mean total, that is to say, the mental responsibility need not to be totally impaired, so to speak, destroyed although. At the other end of the scale substantial does not mean trivial or minimal. It is something in between.
R v Golds (2014)
The word substantial is capable of having two differs meaning. -More than trivial or minimal. -Significantly or appreciably.
Beyond something that is merely more than trivial or minimal.