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Words: | Submitted: Tue Mar 23 2004
... state of mind is different from an average person and would be judged as abnormal by a reasonable person. In R v Seers (1985) the defendant stabbed his estranged wife, and claimed diminished responsibility on the grounds of his chronic depression. It covers the minds activities from the perception of physical acts to the ability to form rational judgement. Medical evidence is important as well as evidence about the crime and the circumstances in which it took place. It is also important to consider the behaviour of the defendant both before and after the crime was committed. Where alcohol or drugs are factors to be considered by the jury, the jury are normally directed to disregard what in their view, was the effect of alcohol or drugs upon the defendant, since abnormality of mind induced by alcohol or drugs is not generally due to inherent causes or induced by disease or ...
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