Diminished responsibility Flashcards
1
Q
Which section of CPA deals with DR?
A
Section 51
2
Q
What is the only relevant charge and what does successful plea do?
A
Murder reduces it to culpable homicide
3
Q
What are the two requirements?
A
An abnormality of the mind, which
Caused substantial impairment of the ability to determine or control actions
4
Q
What kind of concept is abnormality of the mind and what does it include?
A
Broad concept - psychopaths, PTSD (battered woman syndrome), clinical depression.
5
Q
Who is the onus placed upon?
A
Accused to prove on the balance of probabilities
6
Q
What is the rule on voluntary intoxication?
A
Cannot rely on it for the defence but being intoxicated does not preclude the defence.
