Diminished repsonsibility

Question 1

What is diminished responsibility set out in?

Answer 1

S.2 of the Homicide Act 1957, amended by section 52 of the Coroners and Justice Act 2009.

Question 2

What is the standard of proof and what is it established in?

Answer 2

Balance of probabilities and Wilcocks

Question 3

What is the first test? and case?

Answer 3

D must have been suffering from an abnormality of mental functioning (Byrne)

Question 4

What is the second rule and what is needed?

Answer 4

The cause of the abnormality of mental functioning must arise from a recognised medical condition. Medical evidence will be needed (bunch)

Question 5

What happens if two medical professionals recognise a condition.

Answer 5

D cannot be charged with murder (Brennan)

Question 6

Examples of medical conditions.

Answer 6

Depression (seers), Aspergers Syndrome (Jama), adjustment disorder (Dietschmann), Battered womens Sydtome (ahluwalia), schizophrenia (Khan)

Question 7

What is the third rule?

Answer 7

the abnormality of mental functioning must substantially impair the defendants ability to do one of three things: understand the nature of his conduct m or form a rational judgement, or exercise self-control.

Question 8

What section was this test amended in and what was confirmed?

Answer 8

Section 2(1A) of the Homicide Act 1957. Confirms that “substantial impairment” means more than trivial, but does not need to be total and us a matter for the jury to decide

Question 9

What is the fourth rule and what must it be?

Answer 9

The abnormality of mental functioning must provide an explanation for the killing. It need not be the only factor but it must be a significant factor.