Diminished responsibility

Question 1

where is the defence of diminished responsibility found

Answer 1

s.52 of the coroners and justice act 2009
defendant must prove defence on the balance of probabilities (R v Foye)

Question 1

Stage 1 dim res

Answer 1

did the defendant suffer from an abnormality of the mental functioning
=state of mind so different that a reasonable person would deem it abnormal (R v Bryne)

Question 2

stage 2 dim res

Answer 2

this must arise from a registered medical condition
ADHD (R v Osbourne)
Schizophrenia (R v Pupollins)
chronic depression (R v Gittens)
personality defect (R v Martin)
Autism (R v Conroy)
Drug dependency (R v Dowds)
Battered woman syndrome physical=(R v Alluwhalia) emotional=(R v Butler)

Question 2

stage 4 dim res

Answer 2

must provide an explanation for the defendants actions
significant contributing factor

Question 2

stage 3 dim res

Answer 2

this condition must substantially impact the defendants ability to
a. form rational judgement
b. exersice self control
c. understand nature of the act
(R v Golds) substantial is more than trivial or minimal
(R v Deitschman) discard intox