diminished responsibility

Question 1

what act was diminished responsibility introduced in

Answer 1

s2 of the homicide act 1957

Question 2

what is diminished responsibility defined as

Answer 2

a person who kills or is party to the killing of another is not be convicted of murder if they were suffering from such abnormality of mind as substantially impaired his mental responsibility for his acts and omissions in doing to being party to a killing

Question 3

what act replaced the definition of diminished responsibility

Answer 3

section 52 of the coroners and justice act 2009

Question 4

what was the new definition of diminished responsibility

Answer 4

the defendant must now be able to demonstrate an abnormality of mental functioning which arose from a recognised medical condition and substantially impaired the defendants ability to either
- understand the nature of their conduct
- form a ration; judgement
- exercise self-control

Question 5

what is the definition of abnormality of mental functioning

Answer 5

a site of mind so different from that of ordinary human beings that a reasonable person would identify it as abnormal

Question 6

what is the case for abnormality of mental functioning

Answer 6

R v Byrne 1960

Question 7

what happens in the case R v Byrne relating to abnormality of mental functioning

Answer 7

man strangles a woman and mutilates her body, he suffered from medical condition which led to the law of state of mind is different to an ordinary person

Question 8

what is the meaning of a recognised medical condition

Answer 8

list is found in the world health organisation international classification of diseases

Question 9

what cases link to recognised medical condition

Answer 9

R V Ahluwalia- battered woman syndrome
R v English- pre-menstrual tension
R v Reynolds- post natal depression
R v Sutcliffe- schizophrenia
R v Gray- PTSD
R v Woods- alcohol dependency syndrome

Question 10

what does substantially impaired the D’s ability to
1) understand the nature of their conduct
2) form a rational judgement
3) exercise self-control mean

Answer 10

the jury decides on the definition of substantial

Question 11

what case relates to substantially impaired

Answer 11

R V Golds 2016

Question 12

what happens in he case R V Gold 2016 relating to substantially impaired

Answer 12

appellant was convicted of murder by a jury, he admitted in court that he had killed her, the issue of his trial was whether he had made out the partial defence of diminished responsibility, so he was convicted of manslaughter- LP- substantial means more than minimal cause

Question 13

what are the three sections of substantially impairment

Answer 13

understand nature of their conduct
form a rational judgement
exercise self control

Question 14

what does substantial mean

Answer 14

more than minimal or trivial

Question 15

what case links to diminished responsibility with intoxication

Answer 15

R v Dietschmann 2003

Question 16

what’s happended in the case R v Dietschmann 2003 in relation to diminished responsibility with intoxication

Answer 16

was in a relationship with his aunt that was a drug addict, aunt died and he attempted suicide released a month after her death, became an alcoholic and prescribed prozac, he punched and kicked house mate to death, convicted of murder

Question 17

what does burden of proof mean in diminished responsibility

Answer 17

defence should prove the defendant was suffering from diminished responsibility

Question 18

what does partial defence mean

Answer 18

life sentence will be reduced to voluntary manslaughter