Diminished responsibility
- Created by: Megan James123
- Created on: 21-11-16 16:55
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- Diminished Responsibility S52 Coroners and justice Act 2009
- Replaces S2 Homicide Act 1957
- 1. D must suffer an 'abnormality of mental functioning' S52(1)
- A condition that is so different from that of an ordinary man that the reasonable man would regard it as abnormal (Byrne)
- 1. D must suffer an 'abnormality of mental functioning' S52(1)
- 2. the abnormality of mental functioning must come from a recognised medical condition S52(1)(a)
- This includes conditions such as: Mental deficiency (Speake.) Epilepsy (Campell.) Depression (Seers.) BWS (Ahluwalia.) Personality disorder (Martin)
- D will need to provide medical evidence to support his claim.
- However it is for the jury to be satisfied that D's abnormality rose from a medically recognised condition
- This includes conditions such as: Mental deficiency (Speake.) Epilepsy (Campell.) Depression (Seers.) BWS (Ahluwalia.) Personality disorder (Martin)
- 3. S52(1)(b) The abnormality of mental functioning must have substantially impaired D's ability to do one or more of the three things listed in S53(A)
- S53(A) (a)-understand the nature of his conduct (b)-form a rational judgement (c)-exercise self-control
- case law suggests 'substantial' means more than trivial but less than total impairment (Lloyd) and (Egan)
- The question whether the impairment is substantial is for the jury to decide
- case law suggests 'substantial' means more than trivial but less than total impairment (Lloyd) and (Egan)
- S53(A) (a)-understand the nature of his conduct (b)-form a rational judgement (c)-exercise self-control
- 4. The abnormality of mental functioning must provide and explanation for D's acts or omission s52(1)(C)
- This is a question of causation
- The abnormality does not need to be the only factor but it must be a significant factor (Cheshire)
- This is a question of causation
- Replaces S2 Homicide Act 1957
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