diminished responsibilty

Question 1

Intro :

Answer 1

S2(1) homicide act as amended by S52 coroners and justice act 2009

Question 2

must:

Answer 2

1) abnormality of mental functioning
2) must arise from a medical condition
3) substantially impairs D’s ability to:
•understand the nature of his conduct
•form a rational judgment
•exercise self control
4) provides an explanation as to why D killed

Question 3

R v Byrne

Answer 3

was a sexual psychopath- unable to control his perverted desires

Question 4

R v Jama

Answer 4

Learning disabilities and autistic spectrum are covered by the phrase medical condition

Question 5

nature of conduct

Answer 5

does not know what s/he is doing or when their mental age is so low they do not understand the nature

Question 6

rational judgment

Answer 6

present an irrational judgment, unable to form a rational judgment

Question 7

self control

Answer 7

physically unable to control their actions

Question 8

R v Dietschmann

Answer 8

can only use DR defence if whikst intoxicated there was a recognised medical condition causing the abnormality

Question 9

R v Wood

Answer 9

alcohol dependancy syndrome is a recognised medical condition