S2(1) Coroners & Justice Act 2009
Definition: Where D suffers from an abnormality of mental functioning, which arises from a recognised medical condition and substantially impairs their ability to: make a rational judgement, exercise self control or understand the nature/quality of their actions. The abnormaility must explain D's conduct.
1. Abnormaility of mental functioning
Byrne: This is a state of mind so different from an ordinary person's that they would find it abnormal (objective test).
2. Recognised medical condition NB: ADS is recognised (Tandy, Stewart)
E.g. depression, schizophrenia, stress etc.
3. Substantially impairs D's ability to:
make a rational judgement/exercise self control/understand N/Q of actions
4. S1(b) Homicide Act 1957 says killing must provide an exp. for conduct.
Comments
No comments have yet been made