Diminished Responsibility

  • Created by: Becca_67
  • Created on: 30-12-18 08:11
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  • Diminished Responsibility
    • if when party to the killing D suffered an abnormaility of mental functioning that substantially impaired his ability to understand the nature, form a rational judgement or exercise self control
    • S52 Coroners and Justice Act 2009
    • Byrne
      • abnormality of mental functioning is a astate of mind so different a reasonable man would find it abnormal
    • s2(1)
      • wide enough to cover psychological and physical
    • Byrne
      • whether the impairmen is substantial is one of degree and is for the jury to decide
    • Lloyd
      • substantial does not mean 'total' or 'minimal'
    • The 2009 Act
      • substantiallly impaired to understand the nature covers situations where D is in an automatic state
    • Byrne
      • inability to exercise self control can be due to being a sexual pyschopath
    • inability to form rational judgement
      • can be due to paranoia or schizophrenia
    • S 2 Homocide Act 1957
      • there must be a connection between the abnormality and the killing
      • the abnormality must be a significant factor
    • Dowds
      • intoxication alone cannot be used
    • Dietschmann
      • where D satisfies the jury that despite the drink, a preexisting mental abnormality substantially impaired hs mental responsibility
    • Wood
      • where D has Alcohol Dependency Syndrome
    • Stuart
      • 1) was D suffering an abnormality of mental functioning ?  2) was the abnormality caused by ADS?           3) was D's mental responsibility substantially impaired?


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