Diminished Responsibility
- Created by: DeVanté
- Created on: 31-03-14 12:27
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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
- 1. An abnormality of mental functioning caused by a recognised medical conditon
- Diminished responsibility is set out in s.2 of the Homicide Act 1957 as amended by s.52 of the coroners & justice act 2009
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