Substantial Impairment of Ability s.52(1)(b)

Question 1

The abnormality of mental functioning must

Answer 1

have substantially impaired D’s ability to do one or more of the three gateways

Question 2

Understand their conduct
s.52(1A)(a)

Answer 2

D is in an automatic state and does not know what he is doing

Question 3

Form a rational judgement
s.52(1A)(b)

Answer 3

D is not able to form a rational judgement

Question 4

Ability to exercise self control
s.52(1A)(c)

Answer 4

D cannot himself from killing