Can a person who was suffering from Down Syndrome raised the defense of unsound mind

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huixian
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Hello the title above is a part of my tutorial question. The question stated that two young men wanted to make some quick money and they entered their neighbour's house to commit theft. While they were deciding on what items to steal, they heard a noise in the kitchen. The owner of the house came back. They put a black cloth over her head and shut her mouth tightly. At the end the owner dead. One of the young man was proven that he was suffering from Down Syndrome. So, is it possible to raise the defense of unsound mind for this young man? Thank you.
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Chlorophile
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(Original post by huixian)
Hello the title above is a part of my tutorial question. The question stated that two young men wanted to make some quick money and they entered their neighbour's house to commit theft. While they were deciding on what items to steal, they heard a noise in the kitchen. The owner of the house came back. They put a black cloth over her head and shut her mouth tightly. At the end the owner dead. One of the young man was proven that he was suffering from Down Syndrome. So, is it possible to raise the defense of unsound mind for this young man? Thank you.
I have absolutely no knowledge of Law, but from a quick google search "Defence of the Unsound Mind" refers to insane people who cannot think or act like a normal human being. I'm not an expert on Down's Syndrome and whilst as far as I know they do tend to have a lower IQ than average, they are definitely not insane and they're capable of thinking rationally. So if Down's is the only thing afflicting them then I would guess no, it's not possible.
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Maura Kat
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(Original post by huixian)
Hello the title above is a part of my tutorial question. The question stated that two young men wanted to make some quick money and they entered their neighbour's house to commit theft. While they were deciding on what items to steal, they heard a noise in the kitchen. The owner of the house came back. They put a black cloth over her head and shut her mouth tightly. At the end the owner dead. One of the young man was proven that he was suffering from Down Syndrome. So, is it possible to raise the defense of unsound mind for this young man? Thank you.
before I answer you question directly.
i hope you wrote extensively about
1) joint enterprise,
2) burglary S9(1)(a) &/or S9(1)b,
3) theft,
4) murder and manslaughter

with regards to down syndrome, you might want to look at this.
http://www.lawteacher.net/medical-la...bnormality.php
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miscle
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A classic case of diminished responsibility ("a potential defense by excuse by whichdefendants argue that although they broke the law, they should not be held fully criminallyliable for doing so, as their mental functions were "diminished" or impaired"). Chlorophile is correct in saying that they are not insane and thus defense of unsound mind is not applicable.
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huixian
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(Original post by Chlorophile)
I have absolutely no knowledge of Law, but from a quick google search "Defence of the Unsound Mind" refers to insane people who cannot think or act like a normal human being. I'm not an expert on Down's Syndrome and whilst as far as I know they do tend to have a lower IQ than average, they are definitely not insane and they're capable of thinking rationally. So if Down's is the only thing afflicting them then I would guess no, it's not possible.

Hey there, thanks a lot for your opinion
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huixian
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(Original post by Maura Kat)
before I answer you question directly.
i hope you wrote extensively about
1) joint enterprise,
2) burglary S9(1)(a) &/or S9(1)b,
3) theft,
4) murder and manslaughter

with regards to down syndrome, you might want to look at this.
http://www.lawteacher.net/medical-la...bnormality.php

Thank you. The information you gave surely helps me a lot
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