Criminal Law Diminished Responsibility

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Criminal Law Diminished Responsibility – This video is a comprehensive guide aimed at helping A-Level law students understand the concept of diminished responsibility in criminal law.

Overview
S2(1) Homicide Act, amended by S52 Coroners and Justice Act

Abnormality of mental functioning
Byrne – state of mind so different from ordinary humans that a reasonable man would term it abnormal

Recognised medical condition
Physical and psychological conditions
— list in video —

Substantial Impairment
Gold – impairment must be more than trivial / not all impairments more than trivial will suffice.
Lloyd – substantial = not total or minimal

Explanation for killing
Connection between D’s abnormality and killing
Khan – just because D has an abnormality of mental functioning, a recognised medical condition it doesn’t mean they can use the defence. It is up to the jury to decide using medical evidence linked to facts and circumstances if the abnormality was the reason.
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