Diminished Responsibilty Flashcards
1
Q
Act
A
52 Coroners and justice act 2009
2
Q
4 elements
A
Abnormality of mental functioning
Recognised medical condition
Substainal impairment
Explain act or omission in killing
3
Q
52.1
A
Abnormality of mental functioning
4
Q
52.11A
A
Recognised medical condition
5
Q
52.11b
A
Substantial impairment
6
Q
52.1B
A
Explain act or omission
7
Q
What makes a substantial impairment
A
Understand nature of his own conduct
Form rational judgment
Exercise self control
8
Q
Case for substantial impairment
A
R V golds
9
Q
Case for explain emission in killing
A
R V brown
10
Q
Case for abnormality of mental functioning
A
R V Byrne - reasonable man test used - jury objective - state of mind so different form ordinary human that a reasonable man would find it abnormal
11
Q
Recognised medical condition
A
R V Hobson - WHO
R V Steward - Alcoholic
