Diminished Responsibility

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  • Diminished Responsibility
    • Diminished responsibility is set out in s.2 of the Homicide Act 1957 as amended by s.52 of the coroners & justice act 2009
      • 1. An abnormality of mental functioning caused by a recognised medical conditon
        • R v Byrne 1960
        • Some examples of what has been held to constitute abnormality of the mind include
          • Jealousy (R v Miller 1972)
          • Battered Women syndrome (R v Ahluwalia '93 & R v Hobson 1993)
          • Pre-menstrual tension (R v Smith 1982 & R v Reynolds 1988)
          • Epilepsy (R v Campbell 1997)
          • Chronic Depression R v Seers & R v Gittents 1984)
      • 2. Which provides an explanation for the defendants acts or omissions in being party to the killing
        • R v Tandy 1989
        • R v Wood 2009
        • R v Stewart
        • The Same approach is applied where the defendant is intoxicated by prescription drugs
          • R v O'Connell 1997
          • Where ther exists an abnormality of the mind in addition to intoxicants the legal position was stated in R v Gittens & Affirmed in R v Dietschmann
        • Acute voluntary intoxication alone is not capable of founding the defence of voluntary intoxication
          • R v Dowds 2012
      • 3. Which substantially impaired his/her mental ability to either
        • A. Understand the nature of their conduct
        • B. Form rational judgement
        • C. exercise self control
        • R v Campbell


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