Diminished Responsibilty

Created by: Zoeclaireall
Created on: 17-03-14 12:09

Define; Section 2(1) Homicide Act 1957 as amended by section 52 Coroners and Justice Act 2009

Diminished responsibility can provide a defence if D was suffering from an abnormality of mind which arose from a recognised medial condition, substantially impaired the D’s ability to understand and provides an explanation for the D’s acts

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Abnormality of Mind Which Arose From A Recognised Medical Condition

Byrne; The pschological state of a sexual pschopath is so diff from a reasonable human being it would be deemed abnormal.

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Substantially Impaired the D’s ability to understand; Section 2(1)(b)

The N & Q of his actions, form a rational judgement and excercise self control.Lloyed; Substantial doesnt mean trivial but is something in between and for the jury to decide.

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Provides an explanation for the D's action

There must be a link between D’s mental functioning and the actions that killed the V

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Apply

The d's medical condition of ....

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Other cards in this set

Card 2

Front

Byrne; The pschological state of a sexual pschopath is so diff from a reasonable human being it would be deemed abnormal.

Back

Abnormality of Mind Which Arose From A Recognised Medical Condition

Card 3

Front

The N & Q of his actions, form a rational judgement and excercise self control.Lloyed; Substantial doesnt mean trivial but is something in between and for the jury to decide.

Back

Card 4

Front

There must be a link between D’s mental functioning and the actions that killed the V

Back

Card 5

Front

The d's medical condition of ....

Back

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Diminished Responsibilty