A01 Diminished Responsibility Flashcards
What is the definition of Diminished Responsibility
A person will not be guilty of murder if they are suffering from DR. Instead they will be charged with Voluntary Manslaughter.
What is an “Abnormality of Mental Functioning”?
Under S52(1) it is described as a state of mind so different from that of a typical person, the reasonable man would deem it “abnormal”.
What is a Recognised Medical Condition
Under S52(1)(a) A RMF is a condition that is recognised by the World Health Organisation. Examples include depression,schizophrenia and Battered Spousal Syndrome.
D will be ‘substantially impaired’ if they cannot do at least one of these 3 things:
- Understand the nature and quality of their actions
- Form a rational Judgement
- Exercise self control.
What can Substantial be defined as?
Not total but not trivial cause to V’s death. This is objective and to be interpreted by the Jury.
Causation: What is the But For Test in DR?
But for D’s AMF would D still have killed V?
When is DR not available in intoxicated diminished responsibility
When D has no AMF but is drunk (intoxicated)
When is DR avaliable in Intoxicated Diminished Responsibility?
Available if jury decides, despite the alcohol, D’s AMF would still have impaired his mental responsibility.
What is the Key Case for AMF
R v Byrne
What is the Key Case for RMC
Depression- R v Potts
Schizophrenia- R v Jenkin
What is the Key Case when describing what Substantial is
R v Gold
What is the Key Case when describing the intoxication rule.
R v Dietschmann
