Diminished responsibility Flashcards
 What type of defence is diminished responsibility?
special and partial
what section is diminished responsibility contained in
s.2 homicide act, 1957
if successful, what will the conviction be reduced to?
Voluntary manslaughter, and the judge will have discretion in sentencing
what does the case of bunch show
It carries reverse version of proof and medical evidence will be required to prove the defence
quote for suffering and then normality of mental functioning and case
The mental functioning must be so different in the ordinary person that the reasonable man would regard it abnormal
bryne
what do you need to prove about the condition?
 That it does not need to be permanent existed from birth, just provided that existed at the time
what must an AMF arise from?
a recognised medical condition that can be physical, psychiatric or psychological
Bunch
There must be medical evidence
Gittens?
It includes, but is not limited to conditions recognised in the WHO directory
case of Martin
Includes personality disorders
repressed grief reaction
Deitchmann
Battered woman syndrome
Ahluwalia
what must the AMF do?
Substantially impair the ability to appreciate the nature of their conduct form a rational judgement, and or exercise control
substantial is a question that should be left the jury, but it must be more than minimal or trivial, according to what case
Gold
Dowds meaning
voluntary intoxication will not amount to than AMF
