diminished responsibility Flashcards

1
Q

what defence is diminished responsibility

A

partial defence

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2
Q

under which section and act is diminished responsibility established

A

s.2 of the Homicide Act 1957 amended by s.52(1) CJA 2009

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3
Q

element 1 + section

A

s.2(1) - an abnormality of mental functioning

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4
Q

what is the interpretation for abnormality of mental functioning established in Byrnes

A

‘abnormality of mind… means a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal’

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5
Q

element 2 + section

A

s.2(1)(a) - arose from a recognised medical condition, mental or physical

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6
Q

what was established in R v Brennan in element 2

A

court of appeal emphasised the importance of medical evidence

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7
Q

what was established in Dowds in element 2

A

the AMF will be left to the jury

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8
Q

case for learning difficulties/impaired cognitive development

A

Speake

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9
Q

case for psychopathy, paranoia and personality disorder

A

Byrne

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10
Q

case for Epliepsy, stress, severe depression

A

R v Seers

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11
Q

case for pre-menstrual syndrome

A

Reynolds

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12
Q

case for mental and physical diseases that affect the mind

A

Sanderson

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13
Q

case for battered woman’s syndrome

A

Ahluwalia

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14
Q

case for the condition not having to be an inherited condition, neither being present since birth

A

Gomez

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15
Q

element 3 + section

A

s.2(1A) - ‘ those things’ which must be substantially impaired

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16
Q

what is the first thing that may be substantially impaired

A

(a) understand the nature of defendant’s conduct (covers conditions which affect the defendants ability to understand what they’re doing)

17
Q

what is the second thing that may be substantially impaired

A

(b) to form a rational judgement (covers cases where D can’t think logically due to their illness)

18
Q

what is the third thing that may be substantially impaired

A

(c) to exercise self-control (covers cases where D can’t control their actions)

19
Q

case for the third thing that may be substantially impaired

A

Byrne - couldn’t control his perverted desires

20
Q

element 4 + section

A

s.2(1)(b) - ‘substantially impaired’

21
Q

what must be substantially impaired

A
  • understand nature of their own conduct
  • form a rational judgement; or
  • exercise self-control
22
Q

what was established in R v Golds in element 4

A

‘substantially impaired’ was held to mean a serious degree of impairment and should be left to the jury

23
Q

element 5 + section

A

s.2(1)(c) - provides an explanation for the defendants conduct

24
Q

what must there be a link between in element 5

A

Must be a causal link between the AMF and the act and must have made a significant contribution

25
what is rule 1 in intoxication
voluntary intoxication on its own isn't enough to constitute diminished responsibility and must be disregarded by the jury
26
what case was established in rule 1
R v Dowds
27
what is rule 2 in intoxication
if, ignoring the effects of intoxication, defendants had an AMF arising from a medically recognised condition that substantially impaired D's conduct, then he may have a defence
28
what case was established in rule 1
R v Dietschmann
29
what is rule 3 in intoxication
prolonged use of alcohol may have caused a condition such as ADS and caused defendant to be substantially impaired OR the craving of drink was such as to render D's use of drink involuntary
30
what case was established in rule 3
Wood