Diminished Responsibility Flashcards
What is the definition for diminished responsibility?
Diminished responsibility is defined under section 52 of the Coroners and Justice Act 2009 as a 3 stage test.
What is stage one of diminished responsibility?
The defendant must be suffering from an abnormality of mental functioning, which arose from a recognised medical condition.
Case example:Byrne- defines an “abnormality of mental functioning” as “a state of mind that a normal human being would find abnormal”
What are the examples of medical conditions and the cases that match to them?
Battered wife syndrome- Hobson
Epilepsy- Campbell
Chronic Depression- Seers
Pre- menstrual tension- Smith
Alcohol/Drug dependency syndrome- Stewart
Paranoia- Martin
Irresistible impulses- Byrne
What is stage 2 of diminished responsibility?
The abnormality must substantially impair Ds ability to:
Form a rational judgement, understand the nature of their conduct and exercise self control.
What case do we use for stage 2 of diminished responsibility?
Golds- the abnormality must be weighty not trivial.
What is stage 3 of diminished responsibility?
The Ds abnormality must provide an explanation for the killing.
Section 2(1b) of Amended Homocide Act 1957 states the abnormality must be a “significant contributory factor” for the killing.
What is the side rule for stage 3 of diminished responsibility? (Include cases)
Dietschmann- if the D suffering from abnormality was intoxicated and the same time the jury must ignore the intoxication and consider the abnormality alone.
