7.2 Diminished Responsibility

Question 1

What type of defence is diminished responsibility?

Answer 1

Partial defence to murder

Question 2

What are the 4 elements of DR defence

Answer 2

1) abnormality of mental functioning
2) as a result of a RMC
3) which substantially impaired D’s ability to:
-understand the nature of his conduct, form a rational judgement, or exercise self control
4) which all provide explanation for the acts

Question 3

1st element of DR defence

Answer 3

Abnormality of mental functioning
“A state of mind so different from ordinary human beings that the reasonable man would find it abnormal” (R v Byrne)

Question 4

2nd element of DR defence

Answer 4

A recognised medical condition
comes from s.2 Homicide Act 1957
* psychological and physcial contitions
* recognised mental disorders
* physical conditons that affect mental e.g., sleep disorders

Question 5

List of Conditions that come under RMC

Answer 5

B- Battered wife syndrome (R v Alhuwalia)
A- Autism (R v Conroy)
P- PTSD
P- Psychotic disorders
D- Diabetes
E- Epilepsy
S- Sleep Disorders