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13 Cards in this Set
- Front
- Back
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Act and Section and Amended act and section |
Introduced in The homicide act 1957 S2
Amended by The coroners and Justice act 2009 s52 |
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D must suffer from an abnormality of mental functioning which |
Arose from a recognised mental condition
Substantially impaired the defendants ability to done or more things set out in s52 (1A)
Provides an explanation of the D actions or omissions |
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Byrne test |
Was the D's mental functioning so different from that of ordinary human beings that the reasonable person would term it abnormal |
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What is a recognised medical condition |
Includes psychological and physical conditions. D has to provide medical evidence (Campbell) |
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What are recognised medical conditions |
Psychopathy (Byrne) BPS (Ahluwalia) Paranoia (Martin) PTSD, Schizophrenia or bipolar (Gray) ADS (wood) Brain injury (Luc Thiet Thuan) Diabetes Epilepsy (Campbell) Chronic depression (seers) |
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Lloyd |
Substantial impairment doesn't mean total impairment or trivial or minimal |
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Golds |
Substantial impairment is for the jury to decide |
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Coroners and justice act 2009 s52 (1A) includes |
To understand nature of the D's conduct
Form a rational judgement
Exercise self control |
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How do you work out if the substantial impairment provides an explanation |
Must show a link between the abnormality of mental functioning and killing
Doesn't have to be the only factor that caused the D to kill but must be significant |
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Dowds |
Intox alone isn't enough to establish it |
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Dietschmann |
If intox makes mental condition worse then it must be ignored |
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Wood |
Jury decides if ADS cause abnormality of mental functioning |
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Stewart |
Jury looks at D is able to resist drinking and if they could control how much they drank |
