Diminished Responsibility

Question 1

Define

Answer 1

Set out in s2(1) of homicide act 1957 as amended by coroners and justice act 2009.
S.2(1) diminished responsibility has 4 elements

Question 2

Abnormality of mental functioning

Answer 2

“state of mental functioning the reasonable man would find abnormal” (Lord Parker in R v Byrne)
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Question 3

Abnormality due to a recognised mental condition?

Answer 3

Must be a recognised mental condition under WHO guidelines and must be medical evidence to support condition
Examples
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Question 4

Does mental condition substantially impair Ds mental responsibility?

Answer 4

Substantially impairs Ds mental ability to
Understand nature of his conduct
Form a rational judgement
Exercise self control (Byrne)

Lloyd - impairment need not be total but more than trivial

Byrne - jury decides whether impairment is substantial enough

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Question 5

Does Ds abnormality of mental functioning provide explanation for his conduct?

Answer 5

“casual connection” between Ds abnormality and the killing. Abnormality doesn’t have to be the only factor but the most significant (Tandy)
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Question 6

Conclude

Answer 6

Anything up to life imprisonment, s.2(2) homicide act 1957