Diminished Responsibility Flashcards
What is the case law for AMF?
R v Byrne
What is the case law for a RMF?
Depression - R V Potts
Schizophrenia - R V Jenkin
What is the case law for substantial impairment?
R V Lloyd
R V Gold
What is an AMF?
A state of mind so different from that of the normal person that it is considered abnormal
What is an RMC?
A medical condition recognised by the world health organisation
What are the three factors to being substantially impaired?
Understand nature and quality of acts
Form a rational judgement
Exercise self control
What’s the definition of DR?
S52 coroners and justice act 2009
A special defence that may be available if the D is suffering from an AMF that is caused by a RMC
What’s an AMF?
A state of mind so different from that of the ordinary person that it would be considered abnormal.
What’s an RMC?
A recognised medical condition that is recognised by the world health organisation. Such as schizophrenia or depression.
What does the AMF need to do?
Provide an explanation for the killing.
What are the rules for DR and intoxication?
No AMF + intoxication = DR x
AMF + intoxication = DR
AMF caused by ADS = DR