3699420
Description
Flashcards by missroosevelt, updated more than 1 year ago
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Created by missroosevelt
over 8 years ago
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| Question | Answer |
| Diminished Resposibility | Coroners & Justice Act 2009 |
| Definition | Suffering from an abnormality of mental functioning which has risen from a recognised medical condition, i.e. depression, sleep disorder, BWS,etc |
| Abnormality of Mental funtioning (AMF) | a state of mind so different from the ordinary person's that they would term it abnormal. (Byrne, 1960) |
| Substantially impaired (SI) | A question of degree for jury to decide. 'Substantial' = not 'total, 'trivial' or 'minimal' but in between (Lloyd, 1967) Substantially impaired D's ability to: a) understand nature of conduct b) form a rational judgement c) exercise self-control & provides an explanation for D's conduct |
| Provides an explanation for D's conduct | AMF provides explanation for D's conduct if it causes/is a significant contributory factor |
| Effect of intoxication | Transient effect of drink/drugs on brain is not an injury=not a defence (Di Duca, 1959) where D has Pre-existing mental disorder & intoxication (Dietschmann, 2003) Alcohol Dependency Syndrome= AMF (Wood, 2008) |
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