s.2 Homicide Act 1957 - Statistics

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Hint Answer % Correct
Whether D had a RMC is something for the Jy to decide, based on medical evidence which D must provide Bunch
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An ABM is a state of mind so abnormal the ordinary person would deem it so Byrne
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3. Understand conduct
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Where D is voluntarily intoxicated with RMC, defence may succeed. Subtract intoxication from the equation. Dietschmann
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Where D is voluntarily intoxicated with no RMC, the defence fails. Dowds
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Substantial means more than trivial, but that alone is not enough Gold
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When charged with murder, D may raise, and prove on the balance of probabilities, the special and partial defence of diminished responsibility (S2 Homicide Act, as amended by s52 Coroners and Justice Act 2009). If successful, D will be acquitted of murder but convicted of voluntary manslaughter. Intro
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This can include ______ conditions which affect mental functioning Physical
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1. Form a rational judgement
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2. Exercise self-control
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The AMF needn't be the only cause, but it must be a _______ contributory factor significant
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Where D has alcohol dependency syndrome, that is a valid RMC. Stewart
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The condition can either be ______ or permanent, provided it existed at the time of the killing temporary
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1. Abnormality of Mental Functioning x
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. x
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2. Recognised Medical Condition x
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. x
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Intoxication x
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. x
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3. Substantially Impaired Ability x
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. x
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. x
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