Diminished respsonsibility Flashcards

1
Q

What two acts is diminished respsonsibity established in and ammended in

A

Homicide Act 1957 as amended by Section 52 of the Coroner’s and Justices Act 2009

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2
Q

How many test must be satisfied

A

Four

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3
Q

What is the first test

A

There must an abnormality of mental functioning this means a state of mind that reasonable person would consider abnormal Bryne

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4
Q

What is the second test

A

The cause of the abnormality of mental functioning must arise from a recognised medical condition

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5
Q

What is the third test

A

The abormality of mental functioning must impair the defendant ability to do one of three things understand the nature of his conduct or form a rational judgement or exercise self control

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6
Q

What is the fourth test

A

The abormality of mental fuctioning must provide an explanation for the killing

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7
Q

this test ammened

A

section 2 1A of the homicides act 1957 and reflected the decison in bryne

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8
Q

what case defined substaintial impairment

A

the case confirming lloyd confirmed that substantial impairment means more than trivial but does not need to be total and is a mtter for the jury to decide

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