Diminished responsibility Flashcards

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1
Q

Case for epilepsy

A

Campbell

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2
Q

Case for depression

A

Gittens

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3
Q

Case for intoxication and depression

A

Swann

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4
Q

Case for alcohol dependence syndrome

A

woods

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5
Q

Case for permanent damage from alcoholism

A

Dietschmann

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6
Q

Case for def of Substantially

A

Lloyd

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7
Q

What Act and section does DR come from

A

S52 Coroners and Justice Act 2009

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8
Q

4 part test

A
  1. Must be an abnormality of mental function
  2. D must have a recognised mental condition
  3. D must be substantially impaired
  4. Must provide explanation for d’s act
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9
Q

Meaning of abnormality of mental function

A

A state of mind so different from that of the ordinary person that a reasonable man would term it abnormal

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10
Q

Case for abnormality of mental functioning

A

Byrne

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11
Q

What does the d need to be suffering from

A

A recognized mental condition

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12
Q

Can this defense be used for intoxication alone

A

No, the defendant must have a pre-existing mental disorder

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13
Q

Def of substantial

A

Substantial does not mean total but does mean more than trivial

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