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Diminished responsibility - Coggle Diagram
Diminished responsibility
2. abnormality of mental functioning
relies on expert evidence to prove
3. recognised medical condition
requires a link between a medical condition and abnormality of mental function
not all medical conditions are sufficient (Dowds [2012])
alcohol dependency may qualify for DR (woods)
when intoxication coincides with another medical condition, only the condition is considered (Joyce and Kay)
courts guided by ICD 11 and DSM V
4. substantial impairment
must impair abilities in 1/3 ways
in understanding the nature of Ds conduct
in forming a rational judgement
in exercising self control
impairment need not be total but must be more than trivial (Golds [2016])
5. causation explanation
causal connection must be found between abnormality and and Ds act/omission in killing (s2 (1b))
D must prove that their condition was not merely incidental (Joyce and Kay [2017])
1. elements of murder must be satisfied
Actus Reus must be satisfied
Mens rea must be satisfied
court considers the partial defence of diminished responisibility