Dimished Responsibility Flashcards
(8 cards)
What 2 acts established diminished responsibility?
s2 homicide act 1957 amended by s52 coroners and justice act 2009
What 4 things describe diminished responsibility?
D was suffering from an ABNORMALLY OF MENTAL FUNCTIONING from a RECOGNISED PSYCHIATRIC INJURY which SUBSTANTIALLY IMPAIRED d ability to do one of 3 things and EXPLAINS D ACT OR OMISSION IN KILLING
Who described abnormality of mental functioning?
Case of BYRNE by Lord Parker:
A state of mind so different from that of of ordinary human beings that the reasonable man would term it abnormal.
What established recognised medical condition and give 2 examples.
CAJA 2009 S52(1)(a)
Batterd wives syndrome (ahluwalia)
Post natal depression (Reynolds)
What and how is substantially impaired defined?
S52(1)(b) Ds mental ability is substantially impaired if he cannot-
S52(1)(A) understand the nature of his conduct or (b) form a rational judgement or (c) exercise self control
How does GOLD describe substantial impairment?
Impairment must be important or weighty
What happens if D has a mental condition and is intoxicated?
Substantial impairment cannot come from intoxication alone
DIETSCHMAN - jury ignores the intoxication and decides based of mental functioning.
What section says that the abnormality of mental functioning must cause or be a significant contributory factor in causing D to carry out conduct
S52(1)(c)
