Diminished responsibility Flashcards

1
Q

What is diminished responsibility?

A

Under s52 of the coroners and justice act 2009, diminished responsibility is a special and partial defence to murder

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2
Q

What Is an abnormality of mental functioning?

A

A state of mind that is so different from that of typical humans that a reasonable person would consider it abnormal ( R V Bryne)

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3
Q

What is a recognised medial condition ?

A

Any condition that is recognised by the world health organisation
( R V Beaver- dementia)
( R V Potts- Depression)

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4
Q

What are impairments and what is meant by substantial?

A
  1. understand the nature ad quality of their act
  2. form a rational judgment
  3. exercise self control
    substantial is total but not trivial ( R V Lloyd)
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5
Q

What are casual connections?

A

But for D’s abnormality of mental functioning would they of killed V?

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6
Q

Intoxication and DR?

A
  • NO amf and intoxicated = no DR
  • AMf + intoxicated- DR will be available if despite the drink D’s amf substantially impaired his fatal acts
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