diminished responsibility

Question 1

dimished responsibility

Answer 1

defined in sc52 of the coroners and justice act 2009 as amended for sc 2 of homicide act 1957
definition- a person who kill or is a party to the killing of another is not to be convicted of murder if d was suffering from an abnormality of mental functioning which-
a. arose from a recognised medical condition
b. which substantially impaired ds ability to do one or more of the things mentioned in subsection (1)(a) and
c. provides an explanation for ds acts and omissions in doing or being a party to the killing

Question 2

criteria 1: murder

Answer 2

must have committed murder

Question 3

criteria 2: suffering from an abnormality of mental functioning that came from a recognised medical condition

Answer 3

paranoid personality disorder and the autisms spectrum disorder have recently been confirmed as able to from the basis of diminished respoinsbility because they are recognised medical conditions (conroy)

Question 4

criteria 3- the abnormality of mental functioning substantially impaired ds ability to do one or more of the things mentioned in subsection 1(a)

Answer 4

these are:
a. to understand the nature of ds conduct
b. to form rational judgement- conroy
c. to exercise self-control
must substantialy impair- golds

Question 5

criteria 4- the abnormality of mental functioning was a significant contributory factor of the ds conduct

Answer 5

causation- factual and intervening acts
without this provision, d might kill while suffering from a mental abnormality but the abnormality may not have anything to do with the killing

Question 6

diminshed responsibility and intoxication

Answer 6

being voluntarilly intoxicated is not sufficient under diminished responsibility unless thr impact of the abnormailty was enough to substantially diminish the responsibility regardless of the intoxication or- r v Dowds
a severe case of alcohol dependency sydrome will be treated as an abnormailty- R v stewart