Irresistible Impulse - Irresistible Impulse in English Law

Irresistible Impulse in English Law

In English Law the concept of "irresistible impulse" was developed in the 1960 case R v. Byrne. The appellant (described as a violent sexual psychopath) strangled then mutilated a young woman, it was alleged that Byrne suffered from violent and perverted sexual desires which he found impossible to control. Lord Parker C.J. broadened the definition of "abnormality of mind" to include those lacking "the ability to exercise will-power to control acts in accordance with rational judgment".

"Irresistible impulse" can be pleaded only under the defense of diminished responsibility, not under the defense of insanity. Thus it operates only as a defense to murder, reducing the charge to manslaughter, and giving the judge discretion as to length of sentence and whether committal would be more appropriate than incarceration.

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