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Cards In This Set
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R-v- Pearson
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The provocation doesn't have to be directed at the defendant.
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R-v-Duffty
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The loss of self control must be sudden and temporary
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R-v- Ahluwalia
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A 'cooling off' period is not a matter of law but is evidence that the jury can consider
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R-v- Acott
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Would the reasonable man do as the defendant did - was the response in proportion to the level of provocation
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R-v- James and Karini
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Confirmation that the case of Holley that the characteristics of sex and age with 'ordinary' powers of self control may be consiidered
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R-v- Dietschmann
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Did the mental abnormality, disregarding intoxication, substantially impair the defendan's actions.
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R-v-Byrne
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A state of mind so different from that of ordinary human beings that the resasonable man who find it abnormal
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R-v-Tandy
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Drunkeness is not an abnormaility, whereas alcoholism that damages the brain and results in in a failure to resist the impulse to drink is
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R-v- Lambert
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The defence must prove diminished responsibility on a balance of probabilities. Evidence from at least two medical experts is needed
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R-v- Sutcliffe
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Where a man is accussed of a notorious string of killings, on the grounds of public policy he should bear the label of 'murderer' and any diminished responsibility will not be considered.
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