Diminished responsibility 0.0 / 5 ? LawCriminal lawA2/A-levelAQA Created by: cattyluluCreated on: 26-09-17 12:37 What section and act does dimished responsibility come under? S.2 of the Homicide act 1957 as amended by S.52 CAJA 2009 1 of 11 What are the 4 parts to dimished responsibility? Abnormality of mental functioning, a recognised medical condition, substantial impairment, provides an explanation for the killing 2 of 11 What is the definition for abnormality of mental functioning? A state of mind so different from ordinary human beings, the RM would term it abnormal 3 of 11 What is the case for abnormality of mental functioning? Byrne 4 of 11 What is the case that is paired with depression being a recognised medical condition? Seers 5 of 11 What is a recognised medical condition? A condition recognised by the medical profession 6 of 11 What are the three parts to substantial impairment? Understand nature of conduct, form a rational judgement, exercise self control 7 of 11 What section does 'provides and explanation for the killing' come under? s. 2 (1) (c) 8 of 11 What is the case that is paired with depression being a recognised medical condition? Dowds- This is not DR- plead intoxication instead 9 of 11 Case and Law for intoxication with abnormality Gittens or Dietschmann- Consider abnormality alone 10 of 11 Case and law for long term substance abuse Wood or stewart- ADS is recognised condition brain damage not required but has to be severe. 11 of 11
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