Diminished Responsibility Flashcards
Act?
S2 Homicide Act 1957 (as amended by S 52 Coroners and Justice Act 2009)
AMF: (Byrne)
“This is a state of mind so different from the ordinary human being that the reasonable man would find it abnormal”
(Ahluwalia)
Battered wives syndrome
(Reynolds)
Post natal depression
(Speake)
Mental deficiency
(Seers)
Depression
(Byrne)
Sexual psychopath
(Wood)
Alcohol dependency syndrome
(Smith)
Premenstrual tension
Substantial impairment S52(1)(b)
If they cannot:
A. Understand the nature of their conduct
B. Form a rational judgment
C. Exercise self control
Impairment: (Golds)
“important or weighty”
Explains conduct S52(1)(c)
Causation
Intoxication: (Egan)
Intoxication alone is not a “substantial impairment”
Intoxication:( Diestschmann)
Jury ignore the effects of intoxication and decide whether Ds ability is substantially impaired by abnormality of mental functioning