Diminished

Question 1

Definition

Answer 1

S.52 Coroners and justice act defines diminished responsibility as having a 3 stage test

Question 2

Stage 1

Answer 2

The D must be suffering from an abnormality of mental functioning which arose from a recognised medical condition
An abnormality of mental functioning is ‘ a state of mind so different from that of ordinary human beings that the reasonable person would term it abnormal’ (Byrne)

Question 3

Recognised medical conditions

Answer 3

-Severe depression (Seers)
-PMT (Smith)
-Battered wives syndrome (Hobson)
-Epilepsy (Campbell)
-Paranoia (Martin)
-Irresistible impulses (Byrne)
-Alcohol dependency syndrome (Stewart)

Question 4

Stage 2

Answer 4

the abnormality must have substantially impaired D’s ability to understand the nature of their conduct, form rational judgements or exercise self-control.
Impairment must be ‘Weighty, not trivial’ (Golds)

Question 5

Stage 3

Answer 5

Abnormality must be the reason for the killing
-s.2 (1) (Amended) Homicide act 1957 “the abnormality must be a significant contributory factor in the killing”

Question 6

Stage 3 side rule

Answer 6

Intoxication- ignore if D was intoxicated at time of killing (Dietschmann)