VM DR

Question 1

From

Answer 1

Coroners and Justice act 2009 s.52
Special defence to murder, reduce to manslaughter
Burden of proof on defence
R v Golds - require medical evidence

Question 2

Abnormality of mental functioining

Answer 2

R v Byrne - state of mind “so different from that of ordinary human beings that reasonable man would term it abnormal”

Question 3

Recognised medical condition

Answer 3

Recognised by WHO
R v Dowds - must show condition caused abnormality
Byrne - irresistible impulses
Alhuwalia - battered wives syndrome
Wood - Alcohol dependency syndrome
Campbell - epilepsy and frontal lobe damage
Smith - Pre-menstrual tension
Reynolds - post natal depression
Gittens - depression and alcoholism
Martin - paranoid personality disorder

Question 4

Substantially impairs

Answer 4

R v Golds - jury decide if substantial to lead to kill
R(2010) Gross impairmengt
s.2 (1A) Homicide act - subtantially impair one of following: (a) nature of conduct, (b) form rational judgement, (c) exercise self-control

Question 5

Provides Explanation

Answer 5

Must be casual link between abnormality and killing
If condition didn’t change behavior, cant be used
Brennan - 2 doctors agree it changes actions

Question 6

DR and Intoxication

Answer 6

Voluntary intoxication alone not enough (Dowds)
Considered if D has brain damahge due to alcohol (wood)
Involuntary intoxication - stewart
Recognised condition still cause whilst intoxicated (dietschmann - act same sober)