Diminished responsibility Flashcards
What is diminished responsibility
A partial defence
What section and act does diminished responsibility fall under
S52 coroners and justice act 2009
What is the definition of diminished responsibility
D was suffering an abnormality of mental functioning from a recognised medical condition which substantially impaired his ability to do one of three specified things and explains his act or omission in killing
What are the 3 things that need to be satisfied for the defence of diminished responsibility to uphold
Abnormality of mental functioning, substantially impaired and an explanation for the killing
What is the definition of abnormality of mental functioning
Ds mental functioning was so different to that of an ordinary human being that the reasonable man would deam it abnormal
What case would you use for the definition of abnormality of mental functioning
Byrne
What section of the act states it has to be a recognised medical condition in diminished responsibility
S51(1)(a)
How many doctors should agree for new emerging conditions
More than 2
What is the definition of substantial impairment
Ds ability to do one of three things must be substantially impaired
What case stated that substantial meant weighty and important
Golds
What are the 3 possible impairments under diminished responsibility
Understand the nature of his conduct, form a rational judgement or exercise self control
What section states the 3 possible impairments for diminished responsibility
S52(1)(b)
What must impairment not come from
Intoxication alone
What case states that impairment must not come from intoxication alone
Dowds
What must the jury decide if the D had a recognised medical condition but was also intoxicated
They decide if the medical condition alone was what caused the impairment
What case do you use for if you are drunk and have a recognised medical condition
Diestschmann
What case states alcohol dependency is a recognised medical condition
Wood
What is the definition of explains conduct in diminished responsibility
The abnormality of mental functioning must explain Ds conduct in killing the victim
What section of diminished responsibility holds the definition of explains conduct
S52(1)(c)
What must you prove in explain conduct
Causation
How would you use legal causation in diminished responsibility
The abnormality was more than a minimal cause for the killing
How would you use factual causation in diminished responsibility
‘But for’ Ds abnormality, they would not have killed 1
