Diminished Reshonsobility

Question 1

Diminished responsibility and loss of control are governed by

Answer 1

Corners and justice act 2009

Question 2

S52 corners and justice act 2009 created the reasons the defendant should not be found guilty what are they

Answer 2

They were suffering from an abnormality of mental functioning
It’s a recognised medical condition
Impaired the defendents powers
Provides an explanation

Question 3

Abnormality of mental functioning does not have to be permanent

Answer 3

Gomez

Question 4

What are the cases for
Depression
Paranoia

Answer 4

Gittens and simcox

Question 5

The D is required to provide medical evidence

Answer 5

Bunch

Question 6

Substantially impares

Answer 6

Ability to understand the nature of there conduct Stewart
Form a rational judgement simcox
Exercise self control Byrne

Question 7

Must be a absolute impairment needs to be more than trivial or minimal

Answer 7

Golds

Question 8

Abnormality of mental functioning provides an explination for the defendants conduct and there must be a causal link

Answer 8

S2(1) homocide act 1957

Question 9

What governs loss of control

Answer 9

S54 coronors and justice act 2009

Question 10

What is the legal test for loss of control

Answer 10

Loss of self control
Qualifying trigger
A person of the same sex age and ordinary level of tolerance would have acted in the same or similar way

Question 11

Unable to think straight is not a loss of control

Answer 11

Jewell

Question 12

The D does not have to lose control Straight away

Answer 12

S54 (2) CJA

Question 13

There are two qualifying triggers

Answer 13

S55(3) CJA fear of serious violence
S55(4) CJA things said or done