DIMINISHED RESPONSIBILITY Flashcards
1
Q
acts
A
- S2 HOMICIDE ACT 1957 as amended by S52 CORONERS AND JUSTICE ACT 2009
2
Q
definition
A
- D was suffering an abnormality of mental functioning from a recognised medical condition which substantially impaired his ability to do one of three specified things and explains his act or omission in killing
3
Q
first thing d must suffer with
A
- abnormality of mental functioning
4
Q
ABNORMALITY OF MENTAL FUNCTIONING
case
A
- BYRNE “a state of mind so different from that of an ordinary human being that the reasonable man would term it abnormal”
5
Q
ABNORMALITY OF MENTAL FUNCTIONING
it must be…
A
- a recognised medical condition
- S52(1)(a)
6
Q
ABNORMALITY OF MENTAL FUNCTIONING
medical conditions can include
A
- sexual psychopath (BYRNE)
- chronic depression (SEERS)
- pre-menstrual tension (SMITH)
- battered wives’ syndrome (AHLUWALIA)
- mental deficiency (SPEAKE)
- post-natal depression (REYNOLDS)
- alcohol dependency syndrome (WOOD)
7
Q
SUBSTANTIALLY IMPAIRED
definition
A
- D’a ability to do one of three things must be substantially impaired
- S52(1)(b)
8
Q
SUBSTANTIALLY IMPAIRED
three things needed to satisfy
A
- understand the nature of his conduct; or
- from a rational judgement; or
- exercise self control
9
Q
SUBSTANTIALLY IMPAIRED
ability to exercise self-control
section and definition
A
- (S.52(1A)(c)
- the impairment must be ‘weighty and important’ (GOLDS)
10
Q
SUBSTANTIALLY IMPAIRED
d’s substantial impairment cannot…
A
- come from intoxication alone
- (EGAN)
11
Q
must explain…
A
- D’s act or omission in killing
- S52(1)(c) - the abnormality of mental functioning must cause, or be a significant contributory factor in causing D to carry out that conduct
12
Q
A
