Diminished Responsibility

Question 1

the special defence of DR is under..?

Answer 1

s.52 Coroners & Justice Act 2009

Question 2

Where did Coroners & Justice Act amend?

Answer 2

s.2 Homicide Act 1957

Question 3

What’s stated under s.52(1)

Answer 3

D must suffer from an ‘abnormality of mental functioning’

Question 4

What is an abnormality of mental functioning?

Answer 4

a condition that is a state of mind that’s so different from that of an ordinary man that the reasonable man would regard as abnormal

Question 5

Name 2 cases for s.52

Answer 5

R v Bryne 1960

Question 6

What does AOMF actually mean when looking at scenarios?

Answer 6

The symptoms D has due to their condition (the acts)

Question 7

What’s stated under s52(1)(a)

Answer 7

the AOMF must have ‘arose from a recognised medical condition’

Question 8

What types of conditions does s52(1)(a) cover?

Answer 8

physical & psychological

Question 9

Name the case for mental deficiency

Answer 9

R v Speake 1957

Question 10

Main facts (Speake 2957)

Answer 10

D’s murder conviction reduced to manslaughter as he had a mental deficiency, diminishing his responsibility for killing

Question 11

Name the case for premenstrual tension

Answer 11

R v Smith 1982

Question 12

Main facts (Smith 1982)

Answer 12

PMT could not provide a defence of automatism, but could be recognised as a medical for DR

Question 13

Name the case for epilepsy

Answer 13

R v Campbell 1997

Question 14

Main Facts (Campbell 1997)

Answer 14

• D had frontal lobe damage & epilepsy
• wasn’t able to plead DR - medical opinion: his AOMF had not substantially impaired his mental responsibility due to his ability to recall events lucidly

Question 15

Name the case for paranoia

Answer 15

R v Martin 2002

Question 16

Main facts (Martin 2002)

Answer 16

D killed burglar fleeing from his home, claiming self-defense > was able to plead DR due to his paranoid personality disorder

Question 17

Name the case for depression

Answer 17

R v Seers

Question 18

Name the case for chronic depression

Answer 18

R v Gittens 1984

Question 19

Name the case for battered woman syndrome

Answer 19

R v Ahluwalia

Question 20

Name the case for sexual psychopath

Answer 20

R v Byrne

Question 21

Name the case for ADS

Answer 21

R v Conroy

Question 22

Main facts (Seers 1985)

Answer 22

D killed wife - claimed DR on grounds of reactive depression > conviction reduced to manslaughter due to his mental condition.

Question 23

Main facts (Gittens 1984)

Answer 23

D suffering chronic depression, killed wife
& stepdaughter after consuming alcohol and drugs for medication.
- CoA > the jury should be directed “to disregard what, in their view, the effect of the alcohol or drugs upon the D was”