diminished responsibility

Question 1

diminished responsibility

Answer 1

partial defence to murder → makes it voluntary manslaughter

Question 2

section

Answer 2

section 52 of the coroners and justice act 2009

Question 3

abnormality of mental functioning

Answer 3

s52 (1)

Question 4

Lord parker defined in..

Answer 4

r v byrne that abnormality of mind is ‘a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal’
jury needs expert medical evidence.

Question 5

recognised medical condition

Answer 5

s52 (1) (a)

Question 6

examples

Answer 6

battered wives syndrome → r v hobson
alcoholism → r v stewart
any condition in the WHO classification of diseases is included.

Question 7

substantial impairment

Answer 7

s52 (1) (b)

Question 8

the condition must substantially impair the defendants ability to do one or more of 3 things:

Answer 8

• understand the nature of his own conduct
• form a rational judgement
• exercise self control

Question 9

case for substantial

Answer 9

r v golds → substantial means important or weighty. An impairment that is trivial is not enough.

Question 10

explains d’s act or omission in killing

Answer 10

s52 (1B)
it must cause the killing

Question 11

r v wood

Answer 11

• if it causes d to carry out that conduct
• if it was a significant contributory factor in causing D to carry out that conduct