law
- Created by: Unknown26
- 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.
- A state of mind so that to the ordinary person that the reasonable man would term it abnormal - Byrne 1960
- 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
- 1. Abnormality of mental functioning
- Medical evidence can establish brain injury, DR will be applied
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