Deminished Responsibility

Question 1

actsa

Answer 1

s.2 homocide act 1957 amended by 2.52 Coroners and justices act 2009

Question 2

Abnormality of mental function

Answer 2

• arose from medical condition
• nature of conduct, rational judgement, self-control
  -explanation

Question 3

Bryne

Answer 3

Ability to exercise willpower

Question 4

Fairweather

Answer 4

Has to explain killings

Question 5

R v martin

Answer 5

Medical condition explained killing
Rational judgement

Question 6

R v brennan

Answer 6

2 doctors diagnose murder withdrawn

Question 7

Brown

Answer 7

Abnormality had to be more than minimal

Question 8

Golds

Answer 8

More than trivial or minimal

Question 9

Simcox

Answer 9

Had to remove ability not just worsen

Question 10

R v osbourne

Answer 10

RMC has to be main cause not other factors

Question 11

Dietdchmann

Answer 11

DR can be used even if would have done it sober

Question 12

Wood

Answer 12

Alcohol dependency recognised condition

Question 13

R v Dowds

Answer 13

Acute voluntary intoxication medical condition but no defence for DR

Question 14

R v Joyce and other

Answer 14

Can rely on Dr if responsibility would still bave impaired without intoxication

Question 15

R v foye

Answer 15

Stated and proven that burden of proof lies with defence - establish balance of probabilities