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
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)
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)
4
Q
What are impairments and what is meant by substantial?
A
- understand the nature ad quality of their act
- form a rational judgment
- exercise self control
substantial is total but not trivial ( R V Lloyd)
5
Q
What are casual connections?
A
But for D’s abnormality of mental functioning would they of killed V?
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