Diminished Responsibility

Question 1

What is the definition of diminished responsibility ?

Answer 1

Defined under s52 of the coroner’s and justice act 2009 as a partial and special defence to murder that reduces liability to voluntary manslaughter.

Question 2

What is an abnormality of mental functioning?

Answer 2

A state of mental functioning that is so different that a reasonable person would find it abnormal (Rv Byrne)

Question 3

What is a recognised mental condition ?

Answer 3

A medical condition recognised by the World Health Organisation examples include depression (R V Potts), schizophrenic (R V Jenkins) and PTSD (R V dansizeus)

Question 4

What must the AMF substantially impair ?

Answer 4

The ability to form a rational judgement
The ability to understand the nature and quality of their acts
The ability to exercise self control

Question 5

What is meant by provide an explanation ?

Answer 5

But for the abnormal mental functioning would the defendant have killed the victim ?

Question 6

When will the diminished responsibility not be available ?

Answer 6

When the D doesn’t have the amf and is intoxicated ( R V Dowds)

Question 7

When will the DR be available ?

Answer 7

D was intoxicated and has pre existing AMF (Dietschmann)

Question 8

When will the DR be available ?

Answer 8

D was intoxicated due to ADS if D has ADS that is a recognised mental condition D will be successful if it caused an AMF