JSB171 Lecture Notes - Lecture 1: Obiter Dictum, Personality Disorder, J Lesser
Document Summary
(1) when a person who unlawfully kills another under circumstances which, but for the provisions. Onus defence on accused bop | r to negative brd: s304a(2) Trial judge only obliged to leave s304a to the jury if it is raised by the defence. Effect partial defence guilty of manslaughter rather than murder (not full acquittal) Irrelevant that another person is convicted of manslaughter / murder: s304a(3) Procedure : cannot be raised by the crown. Broad test state of mind so different from that of ordinary human beings that a reasonable man would term it abnormal": bryne per parker lj; rolph per mansfield j (wider scope than insanity provisions) Must show abnormality stems from one of prescribed causes in s304a (whitworth: arrested or retarded development of the mind, inherent causes, induced by disease or injury. Includes: severe retardation caused by disease: rolph (polio & encephalitis | attended special school, psycho-social factors.
