Diminished respsonsibility Flashcards
What two acts is diminished respsonsibity established in and ammended in
Homicide Act 1957 as amended by Section 52 of the Coroner’s and Justices Act 2009
How many test must be satisfied
Four
What is the first test
There must an abnormality of mental functioning this means a state of mind that reasonable person would consider abnormal Bryne
What is the second test
The cause of the abnormality of mental functioning must arise from a recognised medical condition
What is the third test
The abormality of mental functioning must impair the defendant ability to do one of three things understand the nature of his conduct or form a rational judgement or exercise self control
What is the fourth test
The abormality of mental fuctioning must provide an explanation for the killing
this test ammened
section 2 1A of the homicides act 1957 and reflected the decison in bryne
what case defined substaintial impairment
the case confirming lloyd confirmed that substantial impairment means more than trivial but does not need to be total and is a mtter for the jury to decide