diminished responsibility

Question 1

what defence is diminished responsibility

Answer 1

partial defence

Question 2

under which section and act is diminished responsibility established

Answer 2

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

Question 3

element 1 + section

Answer 3

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

Question 4

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

Answer 4

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

Question 5

element 2 + section

Answer 5

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

Question 6

what was established in R v Brennan in element 2

Answer 6

court of appeal emphasised the importance of medical evidence

Question 7

what was established in Dowds in element 2

Answer 7

the AMF will be left to the jury

Question 8

case for learning difficulties/impaired cognitive development

Answer 8

Speake

Question 9

case for psychopathy, paranoia and personality disorder

Answer 9

Byrne

Question 10

case for Epliepsy, stress, severe depression

Answer 10

R v Seers

Question 11

case for pre-menstrual syndrome

Answer 11

Reynolds

Question 12

case for mental and physical diseases that affect the mind

Answer 12

Sanderson

Question 13

case for battered woman’s syndrome

Answer 13

Ahluwalia

Question 14

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

Answer 14

Gomez

Question 15

element 3 + section

Answer 15

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

Question 16

what is the first thing that may be substantially impaired

Answer 16

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

Question 17

what is the second thing that may be substantially impaired

Answer 17

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

Question 18

what is the third thing that may be substantially impaired

Answer 18

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

Question 19

case for the third thing that may be substantially impaired

Answer 19

Byrne - couldn’t control his perverted desires

Question 20

element 4 + section

Answer 20

s.2(1)(b) - ‘substantially impaired’

Question 21

what must be substantially impaired

Answer 21

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

Question 22

what was established in R v Golds in element 4

Answer 22

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

Question 23

element 5 + section

Answer 23

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

Question 24

what must there be a link between in element 5

Answer 24

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

Question 25

what is rule 1 in intoxication

Answer 25

voluntary intoxication on its own isn’t enough to constitute diminished responsibility and must be disregarded by the jury

Question 26

what case was established in rule 1

Answer 26

R v Dowds

Question 27

what is rule 2 in intoxication

Answer 27

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

Question 28

what case was established in rule 1

Answer 28

R v Dietschmann

Question 29

what is rule 3 in intoxication

Answer 29

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

Question 30

what case was established in rule 3

Answer 30

Wood