1B Diminished responsibility (complete)

Question 1

What act allows the defence of diminished resposibility?

Answer 1

Section 2 of the Homicide Act 1957 was amended by the Coroners and Justice Act 2009

Question 2

What 3 things must be proved for the defence of diminished responsibility?

Answer 2

Abnormality of mental functioning arising from a medical condition, it substantially impairs D’s ability and it is a significant contributory factor to the death.

Question 3

Examples of abnormality of mental functioning

Answer 3

Depressive illness/paranoia (Martin)
Epilepsy and frontal lobe damage (Campbell)
Battered spouse syndrome (Ahluwalia)
Alcoholism as a disease (Tandy)
AMF and alcohol (Dietschmann)
Binge drinking is not in itself an AMF (Dowds)

Question 4

What are the 3 parts of substantial impairment of D’s ability?

Answer 4

(a) understand the nature of their conduct
(b) form a rational judgement
(c) exercise self-control

Question 5

Ratio of Byrne

Answer 5

The impulses must extremely difficult to control, they don’t have to be impossible to control.

Question 6

Ratio of Osbourne

Answer 6

ADHD can support the defence of DR but in this case it didn’t substantially impair his mental responsibility at the time of the killing.