Diminished Responsibility Flashcards
what statuary section is dim resp found under
s54 Coroners and Justice Act s52
1
suffered from an abnormality o mental functionining
2
abnormality comes from ‘recognised medical condition’
3
abnormality substantially impairs D’s ability to understand nature of conduct, form rational judgement or exercise self control
4
provides an explanation for D’s acts/omissions as a party to the killing
R v Bryne- legal point
mindset o care removed we deem it as abnormal
R v Bryne- case facts
sexual pyschopath who strangled a young woman then mutilated her body
Cases for:
Depression
Battered wife syndrome
Epilepsy
R v Gittens
R v Ahluwalia
R v Campbell
what does the case of Bryne say about substational impairment
jury to decide substantial impairment
-what is the definition of substantial
-Case
more than minimal, significantly affects the defendant
Lloyd
what does d’s abnormality impairs the D’s ability to do
understand nature of conduct
form rational judgement
exercise self control
what is the last step of the defence
the impairment provides an explanation for their actions
is it the most significant reason for their actions
Intoxication
-R v Wood
-R v Tandy/Dowds
R v Dietschmann
-D has a medical condition as a result of alcohol misuse, defence available
- D is intoxicated, not available
-D has a medical condition and is intoxicated at the time of the killing
