Diminished responsibility Flashcards
What Act was diminished responsibility under initially?
Homicide Act 1957
What was the act where they changed diminished responsibility and added the defence of loss of control.
Coroners and justice act 2009
What are the 4 things you need to prove under s52 of the act for diminished responsibility
(1) Abnormality of mental functioning
(a) Recognised medical condition
(b) Substantially impaired
(c) Provides an explanation
What is the case for “a state of mind so different from the ordinary human beings that the reasonable man would term it abnormal?
R v Byrne, where defendant was a sexual psychopath who killed woman. Court held that because of his condition he was unable to control his perverted desires.
Who decides whether the defendant has an abnormality of mental functioning ( can be both psychological and physical)
the jury
What must the abnormality of mental functioning arise from
A recognised medical condition ( both medical and physical.
The abnormality of mental functioning must come from a recognised medical condition, under what section?
s52(1)(a) of the coroners and justice act 2009
What is the case for AMF must be a recognised medical condition?
R vs Ahluwalia The defendant had been abused for years and the defendant set him alight and he died 6 days later. Held the case was quashed as battered woman syndrome counted as a recognised medical condition
