Diminished Responsibility Flashcards
Where is this defined?
s.2 Homicide Act 1959 _And amended by Coroners and Justice Act 2009
4 key parts
- Suffering from an abnormality of Mental Functioning
- Abnormality comes from Recognised Medical Condition
- Abnormality must substantially impair ability to Understand the nature of the conduct, form a rational judgement, exercise self-control
- Abnormality must explain actions
What case defines 1. D needs to be suffering from abnormality of mental functions
Byrne
When mental functioning is so different from an ordinary persons that a reasonable person would call it abnormal
Paranoia
Martin
Depression
Seers
Extreme stress
Brown
Personality disorder (eg schizophrenia)
Edgington
Diabetes
Hennessy
Battered Wife syndrome
Ahluwal
Immediate effects of alcohol/ drugs aren’t RMC
Di Duca
Intoxication os a RMC if it caused Brain damage
Tandy
Abnormality must substantially impair ability…
- Understand nature of conduct
- Form rational judgment
- Exercise Self-control
How is ‘Substantial difference’ defined (case)
Golds
Abnormality makes real difference
Section/ case for
4. Abnormality must explain actions
s2(1B) when abnormality causes/ is a significant contributory factor in causing D to carry out that conduct
Dietschmann: Doesn’t have to be the only cause, just a significant one
