DEFENCES; Diminished Responsibility

Question 1

What Act is Diminished Responsibility defined in?

Answer 1

Originally defined in S.2 Homicide Act 1957, reformed by Coroners and Justice Act 2009.

Question 2

What is Abnormality of Mental Functioning?

Answer 2

Required the Defendant to also prove that he or she is suffering from an abnormality or mental functioning arising from a recognised medical condition.

R v BYRNE:
D’s mental functioning was so different, a reasonable person would deem it abnormal

Question 3

What are the three elements that must be proven for LOC?

Answer 3

1. Abnormality of Mental Functioning
2. Recognised Medical Condition
3. Substantially impairs D’s ability to understand

Question 4

What is a Recognised Medical Condition?

Answer 4

R v Campbell: Epilepsy

R v Byrne: Sexual Psychopath

Question 5

What is “impairs D’s ability to understand?”

Answer 5

1. Understand nature of D’s conduct
2. Form a rational judgement
3. Exercise self-control

R v Lloyd:
Must be more than trivial, less than total.

Question 6

Abnormality of Mental Functioning

Answer 6

Must provide an explanation for the Defendant’s conduct or is a significant contributing factors in causing D to carry out that conduct.