Diminished Responsibility

Question 1

Definition

Answer 1

Section 52 coroners and justice Act 2009 set out a 3 stage test

Question 2

Stage 1

Answer 2

D must be suffering from an abnormality of mental functioning which arose from a recognised medical condition

Question 3

Stage 1 - what does Byrne define an abnormality of mental functioning

Answer 3

A state of mind so different from that of an ordinary human being that the reasonable person would term it abnormal

Question 4

Stage 1 - recognised medical conditions and case names

Answer 4

Severe depression - SEERS
PMT - SMITH
battered wives syndrome - HOBSON
Epilepsy - CAMPBELL
Paranoia/personality disorder - MARTIN
irresistible impulses - BYRNE
Alcohol dependency syndrome - STEWART

Question 5

Stage 2

Answer 5

The abnormality of mental functioning must have substantially impaired the D’s ability to understand the nature of their conduct, form rational judgements or exercise self-control

Question 6

Stage 2 - what does golds say about substantial impairment

Answer 6

Must be weighty not trivial

Question 7

Stage 3

Answer 7

Abnormality must be the reason for the killing

Question 8

Stage 3 - a.2(1)(B) (Amended) homicide Act 1957

Answer 8

The abnormality must be a significant contributory factor in the killing of V

Question 9

Side rule for stage 3

Answer 9

If D was intoxicated ignore this would they still have killed if sober (Dietschmann)