Diminished Responsibility

Question 1

What is the section, Act and year for diminished responsibility?

Answer 1

S.52 Coroners and Justice Act 2009

Question 2

What is the definition for diminished responsibility?

Answer 2

Where a person who kills or is a party to the killing of another is not to be convicted of murder if that person was suffering from an abnormality of mental functioning

Question 3

What are the three points to prove diminished responsibility?

Answer 3

Arose from recognised medical condition
Substantially impaired D’s ability to - understand the nature of his conduct - from a rational judgment - exercise self-control
Provides an explanation for D’s acts and omissions

Question 4

What is meant by an abnormality of mental functioning?

Answer 4

Mind different to that of ordinary human and the lack to exercise will power

Question 5

What is the case of R v Bryne?

Answer 5

D strangled and disfigured young girl - suffered with perverted sexual desires - defence covers all activities of the mind

Question 6

What is the case of R v Fairweather?

Answer 6

2 killings over 3 month period - claimed suffering psychotic episode but not at the time of attack

Question 7

What is the first point in diminished responsibility?

Answer 7

Recognised medical condition

Question 8

What is the case of R v Martin?

Answer 8

Man shot intruder while they where running away - was suffering from paranoid personality disorder so quashed to voluntary manslaughter

Question 9

What does R v Brennan state?

Answer 9

If two doctors agree on recognised medical condition then not murder

Question 10

What is the second point of diminished responsibility?

Answer 10

Substantial impairment

Question 11

What are the three points that can prove a substantial impairment?

Answer 11

Impaired to:
Understand the nature of defendants conduct
Form a rational judgment
Exercise self-control

Question 12

What is the point of law from R v Brown?

Answer 12

Impairment must be substantial - but doesn’t have to be the sole cause

Question 13

What does R v Simcox state that rectifies R v Gold?

Answer 13

If it just makes it harder for them to control themselves then still guilty

Question 14

What is the third point of diminished responsibility?

Answer 14

Provides an explanation for D’s Acts and Omissions

Question 15

How do you test if the medical condition provides an explanation in diminished responsibility?

Answer 15

A casual link is required the “but for” test

Question 16

What is the point of law from of R v Osborne?

Answer 16

Medical condition did not explain they’re actions

Question 17

What does S2(1) in diminished responsibility state about alcohol?

Answer 17

States the abnormality does not have to be the sole cause - so alcohol cannot be ignored entirely

Question 18

What is the case of R v Dietschmann?

Answer 18

Alcohol may have made it worse but mental abnormality was enough

Question 19

Can brain damage caused by alcoholism amount to diminished responsibility?

Answer 19

Yes

Question 20

Is alcohol dependency syndrome an abnormality of mental functioning?

Answer 20

Yes

Question 21

What is the case of R v Wood?

Answer 21

Jury should look at wether they can resist drinking

Question 22

What is the case of R v Dowds?

Answer 22

Temporary drunkenness not involuntary

Question 23

Who does the burden of proof lie with in diminished responsibility?

Answer 23

The defence - must establish balance of probabilities stated in R v Foye