Diminished responsibility

  • Created by: azdw
  • Created on: 06-01-16 14:06
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  • Diminished responsibility
    • Homicide Act 1957 s2, as amended by s52 CJA 2009
    • A D is not to be convicted of murder if D was suffering from an abnormality of mental functioning which :
      • a) arose from a recognised medical condition (not limited to psychological impairments)
        • voluntary acute intoxication cannot be relied upon - R v Dowd
      • b) substantially impaired Ds ability to do one or more of:                     i) understand the nature of his conduct     ii) form rational judgements   iii) exercise self control
        • meaning of substantial - more than trivial - R v Mark Richard Golds
      • c) provides an explanation for Ds acts and omissions in doing the killing. There must be a link between the action and the condition.
    • Burden of proof: on defence
    • Standard of proof : balance of probabilities
    • R v Brennan : says jury can reject medical evidence even if it is unchallenged - sovereignty of the jury


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