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New Test For Diminished Responsibility - Coggle Diagram
New Test For Diminished Responsibility
Partial defence - S.2(3) HA1957
Sentence at the discretion of the judge
Definition in s.2 HA 1967
Replaced by S.52 CJA 2009
S.2(2) HA1957
Burder on defence, to prove "on the balance of possibilities
Abnormality of mental functioning
Substantially impaired ability of the defendant
To form rationanl judgements
To exercise self-control
To understand the nature of their conduct
Arose from recognising medical condition
Two medical experts
Recognised by medical professionals
Dowds case
External causes e.g., intoxication not allowed
Provides an explanation for the defendants conduct
S.1(B) A significant contributory factor
Osbourne Case
The ADHD was not a factor - Intoxication was