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Diminished Responsibility


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Diminished Responsibility

... Diminished Responsibility: January 2003 Diminished Responsibility is a special defence. This means it is only available to a defendant if they have been charged with Murder, it cannot be used for any other defence and if successful the defendant will be convinced of manslaughter. The judge in R v Bryne defined the abnormality of mind as "so different from that of an ordinary human beings that the reasonable man would term it 'abnormal'. For example; suffering hallucinations, an inability to judge the difference between right and wrong behaviour and being unable to control one's behaviour rationally, which results in the defendant carrying out irresistible impulses. It could be said that Ellen is unable to judge the difference between right and wrong because she "drove right at Fred", which is similar to Bryne who did not know the difference between right and wrong as he killed the woman. However, the fact that

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