DR
- Created by: ellasmith.
- Created on: 30-03-20 12:23
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- Diminished Responsibility
- s52 of Coroners and Justice Act 2009 - " a person (D) who kills or is a party to the killing is not convicted of murder if D was suffering from an abnormality of mental functioning
- Abnormality of functioning
- D's mental functioning....so different from..the ordinary human being...the reasonable man would term it abnormal - BYRNE
- Must arise from a medical condition - e.g depression (SWAN), paranoia (SIMCOX)
- Does not need to be present since birth (GOMEZ)
- Substantially Impairs
- "The impairment need not be total but must be more than minimal" - R v LLOYD
- Must impair D's ability to: 1) understand the nature of his conduct
- e.g where d suffers from delusions or has severe learning difficulties
- 2) form a rational judgement
- 3) exercise self control
- where D is unable to control an urge to do something - BYRNE
- Provides an explanation for D's conduct
- D has to prove the abnormality of functioning provides an explanation for their actions with regard to the killing
- "causes or is a significant contributory in causing d to carry out the conduct"
- D has to prove the abnormality of functioning provides an explanation for their actions with regard to the killing
- Intoxication
- Being drunk alone, without a medical condition is not sufficient for this defence - R v DOWDS
- D is intoxicated and has a pre existing abnormality of functioning - R v Dietschmann
- Intoxication is due to an addiction - ADS( R v Wood)
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