DR

Question 1

Original statute?

Answer 1

S2(1) the homicide 1957

Question 2

Current statute

Answer 2

S52(1) cja 2009

Question 3

A person who kills or is party to a killing will not be convicted of murder if…..?

Answer 3

S52(1)
His actions came fromAn abnormality of mental functioning
A) arose from a recognised medical conditions
B) substantially impaired Ds ability to
S1(A)
a) understand the nature of his conduct
b) to form a rational judgement
c) to exercise self control
C)provides an explanation for Ds acts and omissions in doing or being a party to the killing

Question 4

Abnormality of mental functioning

Answer 4

Byrne- a state of mind so different from that of the ordinary human beings that the reasonable man would term it abnormal

Question 5

Substantially impaired

Answer 5

A question of degree for the jury to decide- Byrne

Substantial does not mean total,nor trivial or minimal but something in between -lloyd

Question 6

Provides an explanation

Answer 6

S1B of the homicide act 1957

The abnormality of mental functioning provides an explanation for Ds conduct if it causes or is a significant contributory factor in causing D to carry out that conduct.

Question 7

Intoxicaion

Answer 7

Transient effect of drink or drug on the mind cannot found the defence of DR
DOWDS

where the D has a pre existing medical condition, intoxication does not prevent him from being able to use the defence; the abnormality of mental functioning does not have to be the sole cause of the D doing the killing - DIETSCHMANN

ALCOHOL DEPENDENCY SYNDROME CAN BE AN ABNORMALITY OF MENTAL FUNCTIONING -wood confirmed in Stewart