Mind map
Diminished Responsibility (s.2 Homicide Act, s.52 CJA 2009)
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Diminished Responsibility (s.2 Homicide Act, s.52 CJA 2009)
Abnormality of mental functioning
- 'A state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal'
- Byrne (1960)
- cause of abnormality of mental functioning must arise from a 'recognised medical condition'
- covers both psychological and physical conditions
- there must be medical evidence
- 'A state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal'
Substantially impaired
- the abnormality of mental functioning must substantially impair the defendant's mental responsibility for his acts or omissions in doing or being a party to the killing
- the jury must decide whether the impairment is of a substantial degree
- substantial does not mean total, nor does it mean trivial or minimal (something in between)
- Lloyd (1967)
- the defendant's ability to do one of these three must be substantially impaired:
- to understand the nature of his conduct
- to form a rational judgement
- to exercise self-control
- the abnormality of mental functioning must substantially impair the defendant's mental responsibility for his acts or omissions in doing or being a party to the killing
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- Mind Map on Diminished Responsibility (s.2 Homicide Act, s.52 CJA 2009), created by t00101 on 17/10/2014.
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- t00101
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