Diminished Responsibility - Partial Defence

  • Created by: Janki
  • Created on: 07-12-14 12:06
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  • Diminished Responsibility
    • S52 Coroners and Justice Act 2009
    • 1) Recognised medical condition
      • must be a conditions recognise by medical experts
        • Anthony Martin - paranoid personality disorder and depression
        • Byrne - sexual psychopath; uncontrollable desires
        • Hobson - battered women's syndrome
        • Tandy - alcoholism can be a cause of abnormality so longs as the consumption of the drink was involuntary (ADS)
    • 2) Substantial impairment of D's ability to;
      • understand the nature of their conduct - D in automatic state and does not know what they are doing
      • form a rational judgement - paranoid schizophrenia/ battered women's syndrome
      • exercise self control- Byrne
      • Lloyd - impairment need not be total but must be more than trivial - the disorder played a significant role in the substantial impariment
    • 3) Provides an explanation to D's actions
      • Abnormality was at least a significant contributory factor in causing D to carry out the conduct
        • Dietschmann - has to be proven that the medical condition was the significant reason why D killed
        • Wood + Tandy - D suffering from ADS
        • Stewart - the nature and extent of the ADS has to be considered


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