Diminished responsibility and intoxication
- Created by: Megan James123
- Created on: 21-11-16 17:53
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- Diminished responsibility & intoxication
- Situation 1
- D suffering from only intoxication then discuss the defence of intoxication with murder
- Situation 2
- D is suffering both from an abnormality of mental functioning and intoxication
- Situation 3
- D's long term substance abuse has led to a recognised medical condition which causes an abnormality of mental functioning.
- Two questions jury would have to consider (Wood)
- Second, did this abnormality substantially impair D's ability to do one or more of the three things under S53(1A)
- When considering this question the jury must take into consideration:
- Whether the craving was or was not irresistible & whether the consumption was voluntary or not
- When considering this question the jury must take into consideration:
- First, was the dependency syndrome such that it caused D to suffer from an abnormality of mental functioning?
- The fact D had ADS does not automatically amount to an abnormality: the nature and extent of D's ADS has to be considered (Stewart)
- Second, did this abnormality substantially impair D's ability to do one or more of the three things under S53(1A)
- Two questions jury would have to consider (Wood)
- D's long term substance abuse has led to a recognised medical condition which causes an abnormality of mental functioning.
- Situation 1
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