Diminished Responsibility Flashcards
definition
abnormality of the mind caused by a recognised medical condition that substantially imapires the defendants ability to … and provides an explination for their conduct (S.2 (1) Homicide Act)
abnormality of the mind
a state of mind so different from which is normal that a reasonable and sober person would deem it abnormal (Byrne)
recognised medical condition
must be caused by a recognised medical condition under the WHO
substantially impairs ability to
need not be a total impairment but more than trivial - (Lloyd)
1) form a rational judgement
2)exercise self control
3)understand the nature of their actions
provides explanation
must be a causal connection between the abnormality and the crime (King)