diminished responsibility Flashcards
S2 homicide and justice act 1957
defines diminished responsibility
ARSE
abnormality of mental functioning, recognised medical condition, substantially impairs d’s ability to do three things, explanation of d’s actions.
Byrne
Abnormality, a state of mental function so different from that of an ordinary man, a reasonable person would find it abnormal.
Ahluwalia
RMC, battered woman’s syndrome
Seers
RMC, depression
Edgington
RMC, schizophrenia
Di Duca
being merely drunk is not a recognised medical condition.
Wood
alcohol dependency syndrome can be a recognised medical condition.
Golds
(substantially impair) abnormality of mental function must be more than a minimal impairment
1 of 3 things to be impaired
understand nature of conduct, form a rational judgement, exercise self-control.
Dietschmann
shows abnormality of mental function is a part of the killing, doesn’t have to be the only reason.