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  • Created on: 10-04-14 16:24
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  • Diminished Responsibility - S.52 Coroners and Justice Act 2009
    • 1. Abnormality of mental functioning
      • A state of mind so that to the ordinary person that the reasonable man would term it abnormal - Byrne 1960
        • Not thinking normal at the time of murder.
    • 2. Caused by a recognised medical condition
      • Psychological and physical conditions will be taken into consideration, e.g. paranoia, schizophrenia, diabetes
    • 3. Substantially impairs the defendants ability to... (Lloyd 1967)
      • 1) Understand the nature of their conduct, 2) Form a rational judgement, 3) Exercise self control
    • 4. Provides an explanation for defendants conduct
      • Must be a casual link between the abnormality of mental functioning and the killing
    • Intoxication only
      • Intoxication cannot be classed as an injury, even if it does have an effect on the brain (Di Duca 1959)
    • Intoxication combined with a pre existing abnormality of the mind
      • If sober would D have fulfilled the terms of DR? - Dietschman 2009
    • Intoxication which has caused brain damage
      • Medical evidence can establish brain injury, DR will be applied
    • Alcoholism as a disease
      • T
  • Medical evidence can establish brain injury, DR will be applied

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