Diminished responsibility Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What is diminished responsibility

A

A partial defence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What section and act does diminished responsibility fall under

A

S52 coroners and justice act 2009

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the definition of diminished responsibility

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the 3 things that need to be satisfied for the defence of diminished responsibility to uphold

A

Abnormality of mental functioning, substantially impaired and an explanation for the killing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the definition of abnormality of mental functioning

A

Ds mental functioning was so different to that of an ordinary human being that the reasonable man would deam it abnormal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What case would you use for the definition of abnormality of mental functioning

A

Byrne

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What section of the act states it has to be a recognised medical condition in diminished responsibility

A

S51(1)(a)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

How many doctors should agree for new emerging conditions

A

More than 2

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the definition of substantial impairment

A

Ds ability to do one of three things must be substantially impaired

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What case stated that substantial meant weighty and important

A

Golds

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the 3 possible impairments under diminished responsibility

A

Understand the nature of his conduct, form a rational judgement or exercise self control

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What section states the 3 possible impairments for diminished responsibility

A

S52(1)(b)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What must impairment not come from

A

Intoxication alone

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What case states that impairment must not come from intoxication alone

A

Dowds

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What must the jury decide if the D had a recognised medical condition but was also intoxicated

A

They decide if the medical condition alone was what caused the impairment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What case do you use for if you are drunk and have a recognised medical condition

A

Diestschmann

17
Q

What case states alcohol dependency is a recognised medical condition

A

Wood

18
Q

What is the definition of explains conduct in diminished responsibility

A

The abnormality of mental functioning must explain Ds conduct in killing the victim

19
Q

What section of diminished responsibility holds the definition of explains conduct

A

S52(1)(c)

20
Q

What must you prove in explain conduct

A

Causation

21
Q

How would you use legal causation in diminished responsibility

A

The abnormality was more than a minimal cause for the killing

22
Q

How would you use factual causation in diminished responsibility

A

‘But for’ Ds abnormality, they would not have killed 1