Diminished Responsibility

Question 1

What are the 3 test?

Answer 1

1)Abnormality of Mental Functioning
2)Arising from a Recognised Medical Conditions
3) The Substantial Impairment of mental Responsibility

Question 2

What is Abnormality of mental functioning?

Answer 2

Abnormality of the mind-any state of mind which a reasonable person would consider abnormal (Bryne 1960)

Question 3

What is Arising from a Recognised Medical Conditions?

Answer 3

No specific meaning so we use previous cases such as
-Speake 1957-Mental deficiency
-Alhuwalia 1993-Battered women syndrome

Question 4

What is Substantial Impairment of mental Responsibility?

Answer 4

a) to understand nature of conduct
b)Form rational Judgment
c)To exercise self control

Question 5

Case for Substantial Impairment of mental Responsibility?

Answer 5

R v Egan 1992-CA decided meaning of “Substantial” meant “more than some trivial degree”

Question 6

What is Provide an Explanation for D’s Act and omission?

Answer 6

-abnormality of mental functioning must provide an explanation for D’s acts and omission
-explanation is provided if the abnormality causes or least significant contributory factor in causing D to carry out conduct