Diminished respon

Question 1

act and stages

Answer 1

S52 coroners and justice act 2009 sets out 3 stage test

Question 2

stage 1

Answer 2

d must be suffering from a abnormality of mental functioning which arose from a recognised medical condition

Question 3

bryne

Answer 3

defined abnormality of mental functioning as a state of mind so different from that of the ordinary human that a reasonable person would term it abnormal

Question 4

Recognised medical conditions

Answer 4

Severe depression (Seers)
BWS (Hobson)
PMT (Smith)
Epilepsy (Campbell)
Irresistible impulses (Byrne)
Paranoia/Personality D (Martin)
Alcohol/Drug dep syndrome (Stewart)

Question 5

stage 2

Answer 5

the abnormality of mental functioning must have impaired the ds ability to understand the nature of their conduct, form rational judgement, or exercise self control
Substantial impairment but be “weighty,not trivial” (Golds)

Question 6

Stage 3

Answer 6

S2(1B) (Amended) Homocide Act)
abnormality must be a significant contributory factor in the killing of

Question 7

SR

Answer 7

intoxication
if intoxicated at time of killing consider whether they would have still killed if they were not intoxicated (dietschmann)
if so can be used as defense