Diminshed Responsibility Flashcards
0
Q
Abnormality of mental functioning
A
Byrne defined this as a state of mind so different to that of a normal human being that they would term it abnormal
1
Q
Where is this found?
A
In the homocide act s2 as amended by the coroners and justice act
2
Q
Recognised medical condition
A
Can be physical or mental Must be backed up with evidence from two health professionals Seers can be depression Battered womens syndrome auwahlia Tandy brain damage Wood alcohol dependency
3
Q
Substantially impair ds ability to do one of three things
A
Substantially defined by llyod as not total nor trivial
Exercise self control
Form a rational judgement
Understand the nature of his conduct
4
Q
Provide an explanation for the killing
A
S1b of the homocide act states that it must either provide an explanation or be the significant contributory factor to the killing
Diestchmann
