Diminished responsibility and intoxication

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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
          • 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)

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