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DR

QuestionAnswer
What is this defence and where is this found Partial defence for murder and s.52 Coroners and Justice act 2009
What’s the first part to the test Abnormality of mental functioning: Ds mental functioning must be so different from that of a normal person that the reasonable man would term it abnormal (Byrne)
What is the second part to the test Recognised medical condition: the D must have a RMC that is confirmed with medical evidence (English)
What is the third part to the test Substantial impairment: the abnormality of the Ds mental functioning must substantially impair Ds ability to do one or more of the following: Understand the nature of his conduct Form a rational judgement (Martin) Exercise self control (Byrne)
What is the fourth part to the test Provide an explanation: the impairment must be a significant contributory factor in causing the D to kill The defence will fail if evidence shows they would have killed anyway
What is the effect of the defence Mandatory life sentence reduced to discretionary life sentence
Created by: Studyykay
 

 



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