Diminished Responsibility

Question 1

Diminished Responsibility

Answer 1

HOMOCIDE ACT s2(1) 1957 amended by the s52 CJA 2009

Question 2

A) An abnormality of mental functioning:

Answer 2

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

Question 3

B) Arose from a recognised medical condition: (4)

Answer 3

Depression - SEERS
Paranoia - MARTIN
Schizophrenia
ADS - STEWART

Question 4

C) the medical condition must have substantially impaired D’s ability to:
(3)

Answer 4

Understand the nature of his conduct
OR
Form a rational judgement
OR
Exercise self control

PICK ONE AND APPLY

Question 5

Golds 2016 substantial means:

Answer 5

Significant or real

Give evidence of it is substantial enough

Question 6

D) The abnormality provides an explanation for D’s being party to the killing

Answer 6

s2(1)(b) “….an abnormality of mental functioning provides an explanation for D’s conduct if it causes or is a significant contributory factor in causing D to carry out that conduct.

Must be some (significant) casual connection between the abnormality and the killing.

Question 7

DOWDS 2012

Answer 7

Intoxication alone cannot support a plea of DR

Question 8

DIETCHMANN 2003

Answer 8

If D intoxicated and has a pre existing medical condition it was decided that the jury can accept DR if when sober D would still have been suffering from an abnormality of mind

APPLY IF RELEVANT