Dr Flashcards
elements
1- abnormality of mental functioning
2- recognised mental condition
3- substantial impairment
4- explanation for d’s conduct
r v bryne
a state of mind so different from that of the ordinary human beings that the reasonable man would deem it abnormal
r v conroy
autism was a recognised medical condition
r v squelch
paranoia was a recognised medical condition
r v lloyd
substantially impaired means not total but not minimal either
‘A state of mind so different from that of an ordinary being, that the reasonable man would deem it abnormal’
law about it
-partial defense
-originally introduced by the homicide act 1957, but changed by the coroners justice act 2009
intoxication alone cannot alone support dr
Homicide act 1957
r v dowds
voluntary intoxication does not amount to intoxication but intoxication alongside another thing can be dr
r v dietschmann
adjustment disorder + intoxication
r v kay
condition so severe would impair responsibility even without intoxication
r v tandy
no evidence of damage to brain with alcohol dependancy syndrome
r v wood
need to show alcohol has affected their mental functioning. does not need to show intoxication was voluntary
