Diminished Responsibility

Question 1

Act

Answer 1

s.52 of the Coroners and Justice Act 2009

Question 2

Type of defence

Answer 2

This is a special defence to murder and it is a partial defence therefore the D will be convicted of voluntary manslaughter if successful

Question 3

Abnormality of mental functioning

Answer 3

A state of mind so different from that of an ordinary human beings that the reasonable man would term it abnormal

Question 4

Recognised medical condition

Answer 4

The abnormality of mental functioning must arise from a recognised medical condition at the time of the murder.
Medical evidence will be needed as in Sutcliffe

Question 5

Types of recognised medical condition

Answer 5

Paranoia- Simcox
Depression- Gittens
Schizophrenia- Moyle

Question 6

Substantially impaired

Answer 6

The D’s ability to do one of the three requirements stated in subsection 1A must be impaired. Substantially impaired does not mean totally impaired but must be more than trivial (Lloyd)
-Understand the nature of D’s conduct
-Forming a rational judgement
-Exercise self control

Question 7

Causal connection

Answer 7

There must be a causal connection between the D’s mental abnormality and the killing.
It does not need to be the only factor, just a contributory factor.