Dim rep (PAPER 1)

Question 1

What kind of Defence is it?

Answer 1

A Partial Defence

Question 2

Can this partial defence used for many crimes (theft,robbery, murder etc..)

Answer 2

Can only be used if D has been charged with MURDER!

Question 3

Does this defence absolve D of their Guilt?

Answer 3

This defence does NOT absolve D of their guilt

Question 4

If successful using this partial defence what happens?

Answer 4

D’s murder charge will be reduced to a voluntary manslaughter conviction( no mandatory life sentence)

Question 5

When is Diminished Responsibility used?

Answer 5

D satisfies all elements of murder (AR+MR) but denies guilt due to suffering an ‘Abnormality of mental functioning’ when killing

Question 6

What section of Law is this seen under?

Answer 6

S52 of the Coroners and Justice Act 2009 cja

Question 7

Who does the burden of proof fall on in this defence?

Answer 7

The DEFENDANT must prove they meet the criteria under S52 ‘on the balance of probabilities’

Question 8

What section did S52 of the Coroners and justice act 2009 amend?

Answer 8

S2(1)Homicide act 1957

Question 9

A person who kills or is a party to the killing of another cant be convicted of murder if he is….?

Answer 9

Suffering from an ‘abnormality of mental functioning’

Question 10

What 3 things must we prove about D’s ‘abnormality of mental functioning’?

Answer 10

A) Arose from a recognised medical condition
B) Substantially impaired D’s ability to : understand nature, form rational judgement or exercise self control
C) Provides an explanation for D’s acts or omissions

Question 11

In what case is aomf defined?

Answer 11

R v Byrne(1960)

Question 12

What does R v Bryne (1960) define aomf as?

Answer 12

‘A state of mind so different from that of an ordinary person that the reasonable person would deem it abnormal’

Question 13

What does S52(1)(a) state about Abnormality of Mental Functioning?

Answer 13

It must come from a ‘recognised medical condition’

Question 14

Where are medical conditions defined?

Answer 14

-World Health Organizations
-The American Psychiatric Associations

Question 15

Can only mental medical conditions be recognised?

Answer 15

NO! Both physical and mental medical conditions are recognised

Question 16

What are some types of recognised medical condition?

Answer 16

-Epilepsy
-Post Natal Depression
-Pre Menstrual Tension
-Battered Woman Syndrome
-Depression

Question 17

What case shows Epilepsy as a Recognised Medical Condition?

Answer 17

R v Campbell (1997)

Question 18

What case showed post natal depression as a Recognised Medical Condition?

Answer 18

R V Reynolds(1988)

Question 19

What case showed Pre Menstrual Tension as a Recognised Medical Condition?

Answer 19

R v English(1981)

Question 20

What case showed Battered Woman Syndrome as a Recognised Medical Condition?

Answer 20

R v Ahulwalia (1992)

Question 21

What case showed Depression as a Recognised Medical Condition?

Answer 21

R v Gittens (1984)

Question 22

What must D’s impairment be?

Answer 22

A SUBSTANTIAL IMPAIRMENT

Question 23

What does R v Egan(1992) teach us what substantial impairment mean?

Answer 23

‘more than some trivial degree of impairment, but less than total impairment’

Question 24

What do we learn in (GOLDS)(2016) about substantial meaning in trial?

Answer 24

The judge in a trial does NOT have to give a specific direction on the meaning of what substantial means

Question 25

What must D's AoMF must have substantially impaired D's ability to do one or more things under S52(1)(b). What are they?

Answer 25

-Understand the nature of D's conduct -Form a rational judgement -Exercise self control

Question 26

What section + subsection is used for providing an explanation for killing?

Answer 26

S52(1)(c)

Question 27

What must be at least a 'x' factor in causing D to act as he did?

Answer 27

SIGNIFICANT CONTRIBUTORY

Question 28

Does D's AomF must be the only cause for his act?

Answer 28

NO! It does not have to be the only or even most important factor

Question 29

When wont Dim Rep defence succeed?

Answer 29

Where D's mental condition made no difference to their behaviour

Question 30

What must we consider where D is intoxicated at the time?

Answer 30

-That D was intoxicated at the time of killing and tries to use defence of Dim Rep -That D was intoxicated and has a pre-existing AoMF -That D was intoxicated due to an addiction

Question 31

What does R v Dowds (2012) teach us?

Answer 31

Binge drinking does not amount to a sufficient plea of Dim Rep

Question 32

What does R v Joyce and Another (2017) teach us?

Answer 32

Killed whilst intoxicated they could rely on Dim Rep if there condition was serious enough without intoxication, to substantially impair their responsibility

Question 33

What does R v Dietschmann (2003) teach us?

Answer 33

Where D has an existing AoMF and is intoxicated, courts will ask if we take the alcohol away from scenario, would D still have killed? If yes, D can use Dim Rep

Question 34

What does R v Woods (2008) teach us?

Answer 34

ADS can be recognised medical condition if it had caused damage to the brain

Question 35

What does R v Stewart(2009)?

Answer 35

If drinking is involuntary due to addiction they will be allowed the defence.

Question 36

What is the structure for Dim Rep?

Answer 36

1) Murder 2) Abnormality of Mental Functioning 3) Recognised Medical Condition 4) Substantial Impairment 5) Explains D's Killing