Diminished responsibility Flashcards

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1
Q

Where is diminished responsibility defined?

A

S.2(1) Homicide Act 1957 as amended by the Coroners and Justice Act 2009

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2
Q

A person can use the defence of diminished responsibility if…

A

he kills while suffering an abnormality of mental functioning which arose from a recognised medical condition and substantially impaired D’s ability to understand the nature of his conduct, form a rational judgement, or exercise self-control, and provides an explanation for D’s acts and omissions

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3
Q

Byrne 1960

A

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

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4
Q

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

A

Byrne 1960

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5
Q

What must the mental impairment do?

A

Lead D to behave in a way that is ‘substantially’ abnormal

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6
Q

The abnormality of mental functioning must prevent D from doing one of these 3

A
  • Understand the nature of his conduct
  • Form a rational judgement
  • Exercise self-control
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7
Q

Abnormality of mental functioning must affect ‘the mind’s activities in all its aspects’

A

Byrne 1960

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8
Q

The fact that the decision was bad or immoral does not make it…

A

Irrational

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9
Q

Irrational does NOT mean…

A
  • bad
  • immoral
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10
Q

Dowds 2012

A

voluntary intoxication is not a recognised medical condition

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11
Q

voluntary intoxication is not a recognised medical condition

A

Dowds 2012

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12
Q

Dietschmann 2003

A
  • If D has a medical condition and is voluntarily intoxicated, the effects of intoxication must be ignored
  • must determine whether the abnormality of mental function led to D’s behaviour
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13
Q
  • If D has a medical condition and is voluntarily intoxicated, the effects of intoxication must be ignored
  • must determine whether the abnormality of mental function led to D’s behaviour
A

Dietschmann 2003

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14
Q

Alcohol Dependency Syndrome (ADS)

A
  • recognised medical condition
  • involuntary intoxication
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15
Q

Elements of diminished responsibility

A
  • abnormality of mental functioning
  • caused by a recognised medical condition
  • substantial impairment of mental functioning
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16
Q

voluntary intoxication is insufficient unless it causes a disease of the mind

A

Tandy 1989

17
Q

Tandy 1989

A

voluntary intoxication is insufficient unless it causes a disease of the mind

18
Q

S.2(1)(a)

A

abnormality of mental functioning must arise from a recognised medical condition

19
Q

S.2(1)(b)

A

Must substantially impair D’s ability to understand the nature of his conduct, form a rational judgement or exercise self-control

20
Q

S.2(1)(c)

A

Must provide an explanation for D’s act

21
Q

What kind of defence is diminished responsibility?

A
  • reverse onus
  • partial defence
22
Q

What does reverse onus mean?

A

D has the burden of proof

23
Q

‘substantial’ is ‘something important or weighty’

A

Golds 2016

24
Q

Golds 2016

A

‘substantial’ is ‘something important or weighty’