murder

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Diminished responsibility
Definition
coroners justice act 2009 provides a special defence for murder under s.52 diminished responsibilty.
By S.52(1) D should not be convicted of murder if he was suffering from an abnormality of mental functioning:
S.52(1)(a)- arose from a recognised medica
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Recognised medical condition
S.52(1)(a)- the cause of D's abnormality must come from a regognised medical condition
Evidence will be required in court from a medical professional.
Recognised medical conditions include:
Psychological conditions- depression, anxiety, paranoia, pers
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Substantially impaired
S.52(1)(b)-recognised medical condition must have substantially impaired D's ability to:
Understand the nature of his conduct;
Form rational judgements; or
Exercise self control.
whether or not the impairment was substantial is up to the jury to decide
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Explanation for D's acts or omissions
S.52(1)(c)- the abnormality of mental functioning must provide an explanation for the killing but does not have to be the sole reason.
The abnormality nay be the reason for the killing but it does not have to be the sole reason.
E.G.- If D is suffering
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burden of proof, standard of proof and sentencing.
Burden of proof is on D to convince the Jury that he is suffering from a diminished responsibility on the balance of probabilities.
If successful, D's criminal liability for homocide will be reduced from murder to voluntary manslaughter
Voluntary mansla
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Other cards in this set

Card 2

Front

S.52(1)(a)- the cause of D's abnormality must come from a regognised medical condition
Evidence will be required in court from a medical professional.
Recognised medical conditions include:
Psychological conditions- depression, anxiety, paranoia, pers

Back

Recognised medical condition

Card 3

Front

S.52(1)(b)-recognised medical condition must have substantially impaired D's ability to:
Understand the nature of his conduct;
Form rational judgements; or
Exercise self control.
whether or not the impairment was substantial is up to the jury to decide

Back

Preview of the back of card 3

Card 4

Front

S.52(1)(c)- the abnormality of mental functioning must provide an explanation for the killing but does not have to be the sole reason.
The abnormality nay be the reason for the killing but it does not have to be the sole reason.
E.G.- If D is suffering

Back

Preview of the back of card 4

Card 5

Front

Burden of proof is on D to convince the Jury that he is suffering from a diminished responsibility on the balance of probabilities.
If successful, D's criminal liability for homocide will be reduced from murder to voluntary manslaughter
Voluntary mansla

Back

Preview of the back of card 5

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