Diminished responsibility

Question 1

Where is DR defined

Answer 1

Section 52 of the coroners and justice act 2009

Question 2

What is DR defined as

Answer 2

A special defence in that it is only used for murder where the burden of proof is on the defendant to prove that on the balance of probabilities that they were suffering from an abnormality of mental functioning. This defence downgrades a murder charge to one of voluntary manslaughter.

Question 3

What are the names of the 3 parts of DR

Answer 3

Abnormality of mental functioning
Recognised mental condition
Substantially impaired

Question 4

Abnormality of mental functioning

Answer 4

Defined as a state of mind so different from that of a normal human being that the reasonable man would deem it as abnormal.
R v Byrne

Question 5

R v Byrne

Answer 5

It deemed what a ‘reasonable man’ would see as abnormal

Question 6

Recognised medical condition

Answer 6

The AOMF must arise from the recognised medical condition
The recognised medical condition must be approved by a qualified medical professional
R v Moyle
Just because RMC appears in lists does not necessarily mean it is capable of being relied upon to show AOMF - R v Dowds

Question 7

R v Moyle

Answer 7

Conviction was quashed on basis of DR due to RMC

Question 8

Substantially impaired

Answer 8

The abnormality of mental functioning must have substantially impaired the defendants ability to do one or more of: Understand the nature of their conduct, form a rational judgement or exercise self control - R v Golds

Question 9

R v Golds

Answer 9

The court held that diminished responsibility applies when the defendant’s mental condition substantially impairs their ability to understand the nature of their act or to exercise self-control

Question 10

R v Tandy

Answer 10

Seemed to be control over amount of alcohol consumed so DR ignored

Question 11

R v Dowds

Answer 11

Just because RMC appears in lists does not necessarily mean it is capable of being relied upon to show AOMF

Question 12

Contributory factor

Answer 12

AOMF provides an explanation for the D’s behaviour if it was at least a significant contributory factor in causing the D to act how they did. It does not need to be the only cause or not even the most important factor in causing the behaviour but it must be more than a merely trivial factor