diminished responsibility Flashcards
1
Q
what does dr do
A
- only available to murder
-reduce the offence to voluntary manslaughter
2
Q
what is the first element to diminished responsibility
A
- abnormality of mental functioning caused by a recognised mental condition
3
Q
r v bryne
A
Abnormality of the mind defined as ‘ a state of mind so different from that of ordinary human beings that the reasonable person would term it abnormal’
4
Q
what is the second element of diminished responsibility
A
- substantially impaired d’s ability to understand the nature of his conduct; or form a rational judgement or exercise self control
5
Q
the third element
A
the abnormality of mental functioning will provide an explanation for d’s conduct if it causes, or is a significant contributory factor in causing d to carry out the conduct
6
Q
r v dietschmann
A
if d is just drunk, he cannot plead dr. if d has a recognised medical condition and is also drunk, the effect of the intoxication is ignored.
