Diminished Responsibly
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- Created on: 10-04-14 16:21
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- Diminished Responsibly - S52 Coroners and Justice Act 2009
- 1. Abnormality of mental functioning
- A state of mind so different from that of the ordinary person that the reasonable man would term it abnormal - Byrne 1960
- 2. Caused by a recognised medical condition
- Can be psychological and phsyical conditions, e.g paranoia, schizophrenia
- 3. Substantially impairs the defendants ability to 1) Understand the nature of their conduct, 2) Form a rational judgement and 3) Exercise self control.
- 1) Defendant does not know what they are doing, or suffering from delusions, 2) Know what they are doing but unable to think rationally and 3) sexual psychopaths for example who cannot control their desires.
- 4. Provides an explanation for the defendants conduct
- Must be a casual link between the killing and the abnormality.
- Intoxication only
- Intoxication cannot be classed as an injury, even if it does affect the brain (Di Duca)
- Intoxication combined with a pre-existing abnormality of the mind
- Abnormality of the mind does not have to be the sole cause of the defandants acts, defence still provided if elements fulfilled.
- Intoxication which has caused brain damage
- When medical evidence can establish brain damage, then defence will be available
- Alcholism as a disease
- Tandy (1989) and Stewart (2009) suggest that alcohol must taken involuntary and that ADS can be classed as a recognised medical condition, but must be proven at the time that the D was suffering from an abnormality.
- 1. Abnormality of mental functioning
- Alcholism as a disease
- Tandy (1989) and Stewart (2009) suggest that alcohol must taken involuntary and that ADS can be classed as a recognised medical condition, but must be proven at the time that the D was suffering from an abnormality.
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