diminished responsibility

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  • diminished responsibility
    • abnormality of mental functioning
      • byrne- a state of mind so different from that of an ordinary human being that a reasonable man would term it abnormal
    • recognised medical condition
      • di duca- immediate effects of alcohol or drugs is not a recognised medical condition
      • wood- alcohol dependency such as desire to drink, difficulty controlling when and how much you drink
      • Tandy- can't use the alcohol dependency if d can make decisions
    • abnormality must substantially impair d's ability to do one of the 3 things:
      • 1. understand the nature of their conduct
      • 2.form a rational judgement
      • 3.exercise self control
    • abnormality must provide an explanation for d's conduct
      • s2(1B)- abnormality of mental functioning provides an explanation for d's conduct if it causes, or is a significant contributory factor in causing D to carry out that conduct
      • dietschmann


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