term1 Definition1term2 Definition2term3 Definition3
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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
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.
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.
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.
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.
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.
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