Sections 2 (diminished responsibility) and 3 (provocation) of the homicide act 1957 1 in considering this, we are asked to have particular regard to commission consultation papers usually contain provisional proposals and invite commission law 1 the to: 1 the law. Jocelyn ayres diminished responsibility this is one of the three special defences which exist for the defence of murder it is contained in the homicide act of 1957 and is modified by the coroners and justice act 2009. Amongst such defences are insanity, automatism and diminished responsibility this essay will identify the similarities and differences of these defences by exploring their theoretical foundations and determine whether, in practice, they are sufficiently understood by the courts to achieve.
In essay questions look at the old law and its problems to what extent does the revised diminished responsibility defence represent an improvement upon the previous defence (as defined under the homicide act 1957. The partial defence of diminished responsibility has also come under some reform whereby s 2 of 2009 act amends s 2 of the homicide act 1957 the main change related to evidence that there has to be an “abnormality of mental function (as opposed to the mind) which must be caused by a “recognised medical condition” (s 52(1)(a&b). Diminished responsibility is defined under s 2 homicide act ( replaced by s 52 coroners and justice act 2009 and thus an amended definition ) and applies only to those who have killed or been party to a killing. According to r v byrne 1960, the d must demonstrate an 'abnormality of mind' arising from 'retarded development or other inherent causes', so all one can say is the difference between dr and insanity is that in one the 'abnormality of mind' is temporary - despite being caused by other 'inherent causes'- and in the other, it is permanent has schizophrenia been used in a deference of dr.
This essay has been submitted by a law student this is not an example of the work written by our professional essay writers the defence of diminished responsibility. Home a level and ib law evaluation of diminished responsibility evaluation of diminished responsibility powerpoint looking at the strengths and weaknesses of the partial criminal defence of diminished responsibility. Diminished responsibility in the case of bateman it was shown that negligence would then be used in matters of compensation where there was no duty of care and risk of death negligence is the failure to do what a reasonable person would do, so although caldwell does not exist in matters of recklessness, the objectivity it represents is present.
Hi all my name is elle and these are a few revision/tip documents to help anybody doing criminal units for aqa a level a2 law units 3 and 4 the law is reason free from passion elle woods would surely disagree aristotle. Below is an essay on diminished responsibility from anti essays, your source for research papers, essays, and term paper examples erin was finding it very difficult to sleep and had recently been receiving counselling for depression. Click here for the diminished responsibility essay flowchart. Diminished responsibility becomes more complex if the defendant was intoxicated at the time of the killing general rule intoxication cannot support a defence of diminished responsibility. The defence of diminished responsibility is defined under the homicide act 1957 (ha 1957) s 2(1) (as amended by the coroners and justice act 2009 (cjoa 2009)) and can only be a defence in murder (campbell  crim lr 495.
Provocation and diminished responsibility essay sample violence has been on the increase all over the world this can be attributed to the changes taking place in many societies. See all law resources » related discussions on the student room official aqa a2 law june 2016 thread » ocr a2 law all topics covered, revision notes, hope this. The relevancy of diminished responsibility essay - the relevancy of diminished responsibility diminished responsibility (in the usa it is called diminished capacity) is used to reduce the charge of murder to manslaughter thus allowing the judge more discretion in sentencing. The defence of provocation law general essay introduction the defence of provocation is a further special defence to murder contained in the homicide act  alongside diminished responsibility and suicide pact these are referred to as special defences as they only apply to the law of murder.
Defence of diminished responsibility should be retained‖ in its final report, murder, manslaughter and infanticide, the commission proposed the following amended definition. Diminished responsibility is established by section 2 of the homicide act it may be used as a defence to murder if the defendant can prove an abnormality of the mind (if, for example, the defendant is an alcoholic, or has a mental condition as in r v byrne , where the defendant had uncontrollable sexual desires. Explore a database of 500,000+ college essay examples get topics by professional writers make your essays great again with the best writers in the us diminished responsibility  as such, he intentionally caused arthurâ€™s death thus giving rise to prima facie liability for murder. Automatism, insanity and diminished responsibility essay example - a defence in criminal law arises when conditions exist to negate specific elements of the crime: the actus reus when actions are involuntary, the mens rea when the defendant is unaware of the significance of their conduct, or both.