Diminished responsibility Flashcards
Case for epilepsy
Campbell
Case for depression
Gittens
Case for intoxication and depression
Swann
Case for alcohol dependence syndrome
woods
Case for permanent damage from alcoholism
Dietschmann
Case for def of Substantially
Lloyd
What Act and section does DR come from
S52 Coroners and Justice Act 2009
4 part test
- Must be an abnormality of mental function
- D must have a recognised mental condition
- D must be substantially impaired
- Must provide explanation for d’s act
Meaning of abnormality of mental function
A state of mind so different from that of the ordinary person that a reasonable man would term it abnormal
Case for abnormality of mental functioning
Byrne
What does the d need to be suffering from
A recognized mental condition
Can this defense be used for intoxication alone
No, the defendant must have a pre-existing mental disorder
Def of substantial
Substantial does not mean total but does mean more than trivial