dr vol mans

Question 1

vl overview

Answer 1

found= coroners and justice act 2009
applies when ar and mr of murder = proven , but partial defence arises

Question 2

what id diminished responsibility

Answer 2

s2 homocide act 1957, amended s52 cja 2009

requires
1. abnormality of mental functioning
2. arising from a recognised medical conditoning
3. substaintially impairing d ability to understand nature of their conduct , form rational judgement or excercise self control

Question 3

abnormality of mental functioning

Answer 3

no statutory defintion - refer to byrne

state of mind so different to an ordinary human being that reasonable man would deem it abnormal

Question 4

recognised medical condoning

Answer 4

depression - gittens
battered spouse syndrome
paranoia

exclusion
vol intox - dowds

Question 5

substantial impairment

Answer 5

substantial doesn’t mean total or minimal

jury decides

Question 6

dr intoxication

Answer 6

vol intox alone = won’t work

exception
rmc and intox , jury must ignore intox and ask , would rmc alone have substantially impaired Ds responsibility

ads -
stewart test
- did D have amok
- was it caused by ads
- did it substantially impair ds mental repsonilbity

If yes = may succeed