Diminished Responsibility - Unit 3

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  • Created by: Carissa
  • Created on: 05-06-15 09:12
Definition of DR - s52(1) Coroners and Justice Act 2009
At the time D was suffering from an abnormality of mental functioning which arose from a recognised medical condition & substantially impaired Ds ability to understand the nature of conduct; form a rational judgement; exercise self control & explains
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Can be a defence to
Murder only
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What is an abnormality of mental functioning?
Lord Parker CJ in Byrne - wide enough to cover the mind's activities in all aspects [...]. Abnormality of mind means a state of mind so different from that of ordinary human beings that it can be considered abnormal.
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Speake
Mental deficiency suffices
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Gittens
Chronic depression suffices
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Hobson
Battered woman's syndrome
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Byrne
For the jury to decide 'substansial'
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What does substantially impair mean?
Lloyd - does not mean minimal or trivial nor does it mean total, it lays somewhere in between.
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How to deal with a situation where the D is suffering from both abnormality of mental functioning and is intoxicated
Dietschmann - 'Has the D satisfied you that, despite the drink, his abnormality of mental functioning impaired his mental responsibility for his fatal acts'. Egan - 'Disregard intoxication'
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How to deal with a situation where the D's longterm alcohol/drug abuse has led to a recognised medical condition which causes an abnormality in mental functioning
Wood - Jury must consider whether the D's syndrome (alcoholism) was of such an extent that it constitutes an abnormality of mental functioning induced by illness or disease.
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Other cards in this set

Card 2

Front

Murder only

Back

Can be a defence to

Card 3

Front

Lord Parker CJ in Byrne - wide enough to cover the mind's activities in all aspects [...]. Abnormality of mind means a state of mind so different from that of ordinary human beings that it can be considered abnormal.

Back

Preview of the back of card 3

Card 4

Front

Mental deficiency suffices

Back

Preview of the back of card 4

Card 5

Front

Chronic depression suffices

Back

Preview of the back of card 5
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