diminished responsibility

Question 1

diminished responsibility D

Answer 1

s52 coroners and justice act 2009 sets out a 3 stage test

Question 2

3 stages of DR

Answer 2

1 abnormality of mental functioning
2 substantial impairment of ability
3 D’s abnormality provides and explanation for the killing

Question 3

1 abnormality of mental functioning D

Answer 3

D must be suffering from an abnormality of mental functioning which arises from a recognised mental condition

Question 4

1 abnormality of mental functioning source

Answer 4

Byrne - ‘a state of mind so different from that of an ordinary human being that a reasonable man would deem it abnormal’

Question 5

battered wife syndrome source

Answer 5

ahluwalia

Question 6

ahluwalia

Answer 6

battered wife syndrome source

Question 7

epilepsy source

Answer 7

campbell

Question 8

campbell

Answer 8

epilepsy source

Question 9

chronic depression

Answer 9

seers

Question 10

seers

Answer 10

chronic depression

Question 11

alcohol dependency syndrome

Answer 11

tandy

Question 12

tandy

Answer 12

alcohol dependency syndrome

Question 13

schizophrenia

Answer 13

kay

Question 14

kay

Answer 14

schizophrenia

Question 15

martin

Answer 15

personality disorder

Question 16

personality disorder

Answer 16

martin

Question 17

2 substantial impairment of ability D

Answer 17

the abnormality of the mental functioning must have substantially impaired D’s ability such as
forming rational judgement
ability to exercise self control

Question 18

2 substantial impairment of ability source

Answer 18

Golds - ‘weighty not trivial’

Question 19

2 substantial impairment of ability example

Answer 19

forming rational judgement
ability to exercise self control

Question 20

3 D’s abnormality provides an explanation for the killing D

Answer 20

added by coroners and justice act 2009
D’s abnormality of mental functioning must be a causal connection to why the D killed

Question 21

s2(1b) amended homicide act 1957

Answer 21

your abnormality will provide an explanation for your killing if it was a significant contributory factor

Question 22

your abnormality will provide an explanation for your killing if it was a significant contributory factor

Answer 22

s2(1b) amended homicide act 1957

Question 23

3 D’s abnormality provides an explanation for the killing source

Answer 23

s2(1b) amended homicide act 1957

Question 24

DR strcutre

Answer 24

I - D may be able to argue the defence of voluntary manslaughter, specifically diminished responsibility
D - S52 coroners and justice act 2009 defines DR as having a 3 stage test
then do 3 stages

Question 25

STage 1 structure

Answer 25

E - the D must be suffering from an abnormality of mental functioning which arose from a recognised medical condition
Byrne - ‘a state of mind that is so different to that of an ordinary human being that a reasonable man would deem it abnormal’
then provide example if possible
A

Question 26

stage 2 strcuture

Answer 26

E- the abnormality of the mental functioning must have substaintial impairment on D’s ability to….
‘weighty not trivial’ (Golds)
A

Question 27

stage 3 structure

Answer 27

the abnormality must be the reason for the killing
coroners and justice act 2009 0 D’s abnormaloty of mental functioning must be a casual connection to why the D killed
A