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S52 Coroners and Justice Act 2009.
"D who kills or is a party to the killing of another is not to be
convicted of murder if D was suffering from abnormality of
mental functioning of a reasonable man." Byrne…read more

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Abnormality of mental
· Byrne (1960): "Abnormality of mind means a state of mind so
different from that of ordinary human beings that the
reasonable man would term it abnormal."
· D must be suffering from an abnormality of the mind which is
recognised and not from a transient state of mind (Di Duca)
nor from intoxication alone or an external factor (Hill v Baxter)…read more

Slide 3

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Arising from a recognised
medical condition
· Does not have to permanent, but must exist at the time of the
· Medical evidence is required in order for the jury to decide if
diminished responsibility would be granted.…read more

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Byrne (1960)
· Sexual psychopath's inability to control his perverted desires
could plead DR.…read more

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Seers (1984)
· Depression.…read more

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Gittens (1984)
· Chronic depression.…read more

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