Diminished responsibility Flashcards
1
Q
What is the criteria for DR
A
It must arise from a recognized medical condition that substantially impairs there ability.
2
Q
What is the key case for DR
A
Bryne
3
Q
What did the case bryne establish
A
The medical condition must impair the Ds conduct
4
Q
What did the case Golds establish
A
The impairment must be weighty not trivial
5
Q
What are the three gateways withing the second stage of DR
A
The D must not understand there conduct
The d cannot form a rational judgment
The D does not have the ability to exercise self control
6
Q
Does the abnormality of mental functioning have to be the only reason the D killed in DR
A
No but it has to be a significant factor.