Diminished Responsibility

Question 1

What does S57 if CJA state

Answer 1

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 function

Question 2

What must an abnormality of mental function prove

Answer 2

A recognised medical condition

An impaired ability to: understand nature of his conduct, from rational judgement, exercise self control

Provide an explanation for D’s act and omissions

Question 3

What is an abnormality of mental function

Answer 3

When the state of mind differs from that of an ordinary human that a reasonable person would deem it abnormal

Question 4

R v Byrne

Answer 4

Perverted sexual desires from childhood, impossible to resist. Covers rational judgement and ability to exercise will power

Question 5

R v Fairweather

Answer 5

Psychotic episode, on autism spectrum, jury did not except he was psychotic at the time of killings, no defence

Question 6

R v Martin

Answer 6

Suffered from paranoid personality disorder after being broken into 3 times. Voluntary manslaughter on the basis of DR

Question 7

R v Brennan

Answer 7

2 doctors must agree on recognised medical condition

Question 8

R v Brown

Answer 8

Impairment must be substantial no partial