Diminished Responsibility

Question 1

what section is diminished responsibility under

Answer 1

S.52 coroners and justice act 2009 from s.2 homidce act 1957

Question 2

what does diminished responsibility have to be

Answer 2

has to bean abnormality of mental functioning

Question 3

what are the three points needed for abnormality of mental functioning

Answer 3

• recognised medical condition
• substantial impairment
  -provides an explanation for D’s act and omissions

Question 4

what is the abnormality of functioning

Answer 4

state of mind so different from that of an ordinary human beings that the reasonable person would term it abnormal.
ability to excercise willpower
-rational judgement

Question 5

R v bYrne

Answer 5

• strangled girl because of perverted desires
  -defence covers state of mind activities
  -rational judgment
  -ability to exercise will power

Question 6

R V Fairweather

Answer 6

-killings from phycotic episode
-evidence of autism
-rejected defence as it didnt ,meet all the points

Question 7

what does it mean by recognised medicle condition

Answer 7

a recognised physical, psychiatric, and psychological condition

Question 8

R v Martin

Answer 8

-paranoid personality disorder and depression
- shot burglary three times
-qualified for diminished responsibility

Question 9

R v Brennan

Answer 9

-importance of medical experts
- two doctors must agree on the condition.

Question 10

what are the three points needed for substantial impairment

Answer 10

• understand the defendants conduct
  -to from rational judgment
• to exercise self control

Question 11

R v Brown

Answer 11

abnormality has to be minimal and trivial, cannot be the sole cause

Question 12

R v golds

Answer 12

how a jury should view the term ‘abmormal’ and if its more trivial or not

Question 13

R v simcox

Answer 13

must be a substantial impairment not just that it made it harder to commit the crime.

Question 14

what’s needed for the medical condition to provide an explanation of D’s acts and omissions

Answer 14

-should be a significant contributing factor
-causal link is now required, but for test

Question 15

R v Osbourne

Answer 15

• ADHD was not reason of the murder
• was the issue of drugs and alcohol
  -did not substanially impair ability

Question 16

main points for alcohol and DR

Answer 16

-cannot be ignored entieley
- still provides defence

Question 17

R v dietschman

Answer 17

effects of alcohol do not amount to diminished responsibility but brain damage from it can
Alcohol dependency syndrome

Question 18

R v Wood

Answer 18

• alcohol dependancy syndrome is a recognised medical condition,

Question 19

R v Dowds

Answer 19

acute voluntary intoxication is a medicle condition but doesn’t work for diminished responsibility