A2 Diminished Responsibility

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Created by: kallum.finch
Created on: 05-10-16 11:24

Under what act(s) is the defence of diminished responsibility set out?

s2(1) Homicide Act 1957, as amended by the Coroners and Justice Act 2009

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What kind of defence is diminished responsibility?

Partial defence

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What must the defendant be suffering from?

An abnormality of mental functioning

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What is crucial for the abnormality of mental functioning in order to come within the boundaries of diminished responsibility?

That it arose from a recognised medical condition which substantially impairs D's ability to understand the nature of his/her conduct, to form a rational judgement or to exercise self-control and this must provide an explanation for D's actions.

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What did the case of Byrne (1960) define 'abnormality of mental functioning' as?

'A state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal'

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Can intoxication alone support diminished responsibility?

No, it can't, there must be a pre-existing abnormality of mental functioning

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Other cards in this set

Card 2

Front

What kind of defence is diminished responsibility?

Back

Partial defence

Card 3

Front

What must the defendant be suffering from?

Back

Card 4

Front

What is crucial for the abnormality of mental functioning in order to come within the boundaries of diminished responsibility?

Back

Card 5

Front

What did the case of Byrne (1960) define 'abnormality of mental functioning' as?

Back

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A2 Diminished Responsibility