Diminished Responsibility A01 Flashcards
section number + act?
s.52(1) Coroners and Justice Act 2009
df will not be convicted of murder if they are suffering from an
abnormality of mental functioning
abnormality of mental functioning
R v Bryne
R v Di Duca
intoxication alone is not AMF
s.52(1)(a)
abnormality of mental functioning arose from recognised medical condition
depression
R v Dietchman
ADS
R v Tandy
R v Wood (case)
f’s with ADS it doesn’t need to be shown drinking was involuntary, but the AMF must be caused by the ADS and substantially impaired the df → R v Stewart
s.51(1)(b)
substantially impaired df’s ability to do one or more mentioned in (1)(a)
(a)
understand nature of their conduct
(b)
to form rational judgement
(c)
to exercise self control
R v Lloyd
impairment need not be total but must be more than trivial/ minimal
s.52(1)(c)
provides an explanation for df’s acts or ommission
R v Dowds
vol intox cannot by itself be a defence to DR