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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