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6 Cards in this Set
- Front
- Back
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Byrne |
Description of “abnormality of mental functioning”- A state of mind so different from that of an ordinary human being that the reasonable man would term it as abnormal |
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Lloyd |
This tells us what the word “substantial” means in the definition of “substantially impairs D’s ability”-The word substantial does not mean total nor trivial or minimal, it’s something between and for the jury to decide of D’s mental ability is impaired. |
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Dowds |
This is used in the intoxication section of DR if it’s relevant.-Voluntary and temporary drunkenness was not capable of founding the defence for DR. |
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Hendy |
This explains if ‘Alcohol dependence syndrome’ is classified as an abnormality of mental functioning-‘ Alcohol dependence syndrome’(ADS) can be an abnormality of mental functioning and for the jury to decide. |
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Woods |
This explains what has to be shown to show that a case dictated the use of ADS and intoxication-D does not have to show that if he had been sober he would have still killed the v to if he has DR. |
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Sterwart |
This explains what happens when the D has an abnormality of the mind on top of ADS and if the ADS was a contributing factor to the additional abnormality of the mind-Was D suffering from an abnormality of the mind not just ADS. If so was D’s abnormality caused by ADS and if so D’s mental was responsibility substantially impaired D and was a mitigating factor. |
