diminished responsibility

Question 1

what is S52 (1) state about diminished responsibility

Answer 1

-A person who kills are in the party or killing another but they’re suffering from a mental abnormality which is so different of that of a normal human being that it would be deemed as abnormal

Question 2

what are the three rules one must have (all) in order to have this defence of diminished responsibility

Answer 2

1. arose from a recognised medical condition (R v Byrne)
2. substantially impaired the defendants ability to do one or more of the things mentioned below:
   - understand nature of Ds conduct
   - form a rational judgement
   - exercise self control
3. provides explanation for D’s acts and omissions when killing (R v Deitschmann) (R v Wood) MUST BE A SIGNIFICANT CONTRIBUTORY FACTOR, there must be a casual link between the mental abnormality and the killing

Question 3

R v Lloyd

Answer 3

-Doesn’t have to be a total impairment but must be more than a trivial impairment- so juries will decide on the evidence (key legal point which goes into substantially impairs D’s ability…)

Question 4

R v Golds

Answer 4

-for judge to decide (key legal point which goes into substantially impairs D’s ability…)

Question 5

R v Deitschmann

Answer 5

Defendant is intoxicated and has a pre-existing mental abnormality

Question 6

R v Wood

Answer 6

Defendant is intoxicated due to an addiction so alcohol dependence syndrome, which is landforms and mental abnormality

Question 7

law

Answer 7

s2 homicide act 1957