Diminished Responsibility

Question 1

Old law

Answer 1

Abnormality of mental functioning - Byrne

Question 2

Law now

Answer 2

Expert guidance from 2 doctors. Recognised by WHO

Question 3

Conroy

Answer 3

Strangled women in same care home. Autism spectrum and 3/4 experts stated it substantially impaired judgement

Question 4

Campbell

Answer 4

Can include physical conditions such as epilepsy, sleepwalking and diabetes which all have the capacity to affect mental functioning

Question 5

Squelch

Answer 5

Paranoid personality disorder.

Question 6

Brown

Answer 6

PTSD

Question 7

Conroy

Answer 7

Autism spectrum

Question 8

Understand nature and quality

Answer 8

Doesn’t know what he is doing or the extent.
Law commission example - video game playing boy - spends all his time playing violent games another child takes his controller so kills him but is surprised when he doesn’t revive

Question 9

Form rational judgement

Answer 9

Ability to tell right from wrong is substantially impaired
Law commission example - mentally subnormal younger brother following instructions from older brother

Question 10

Exercise self control

Answer 10

Law commission example - voices in Ds head difficult to ignore

Question 11

Ramchurn

Answer 11

Jury should apply their understanding of substantial

Question 12

Brown

Answer 12

Less than total more than minimal

Question 13

Provides explanation for killing

Answer 13

Must be reason for killing - can’t kill someone then state u have depression

Question 14

Intoxication

Answer 14

Must reach a level of gross impairment

Question 15

Tandy

Answer 15

Where drinking was involuntary or craving irresistible
Didn’t finish bottle so some self control

Question 16

Wood

Answer 16

Giving into a craving is not involuntary

Question 17

Dowds

Answer 17

Heavy drinkers but not alcoholics. ‘Vol acute intoxication is not capable of being relied upon to find DR’

Question 18

Stewart

Answer 18

Alcohol dependency syndrome
Attacked someone after 10 days consecutive drinking.
Must separate which drinking was vol and invol

Question 19

Dietschmann

Answer 19

Abnormality need not be sole cause. The causative effect of the drink does not necessarily prevent an abnormality of the mind suffered by D from substantially impairing his mental responsibility

Question 20

Joyce and Kay

Answer 20

If abnormality of mental functioning arose from vol intox and not from medical condition then the defence is not necessary