Law 5110 Study Guide - Quiz Guide: Partial Defence, Alcoholism, Infidelity
Document Summary
Different rules apply if the abnormality itself was caused by d"s long-term alcohol and/or drug abuse, where d has developed alcohol dependancy syndrome. Fenton craving of drink or drugs could produce an abnormality of mind. Despite criticism this was followed in inseal where the jury where satisfied that d could have resisted the temptation to drink and that any abnormality of mind was not induced by ads. Recently shown more sympathy wood, citing tandy as rigid, laid down the following; Ads is a condition which may amount to an abnormality of mind. Whether it does or not is a matter for the jury to decide. It is not essential that brain damage has occurred, although if it has it can only strengthen d"s defence. If d"s syndrome does amount to an abnormality of mind, then the jury must consider whether d"s mental responsibility was substantially impaired.
