Diminished responsibility

Question 1

What is the act where diminished in found?

Answer 1

s.2 homicide act 1957 and amended in s.52 coroners and justice

Question 2

what is the definition of diminished?

Answer 2

if the d was suffering from an abnormality of mental functioning from a recognised medical condition which is substantially impaired his ability to do 1 of 3 things and provides an explanation from killing

Question 3

what is the abnormality of mental functioning?

Answer 3

must have medical evidence
s.52(1)(a)

Question 4

what is the definition in Byrne?

Answer 4

a state of mind so different from that of an ordinary human that a reasonable man would term it abnormal

Question 5

what is from a recognised medical condition?

Answer 5

s.52(1)(a)
must be from the internationally defined list
chronic depression (seers)
BWS (ahluwalia)
alcohol dependancy (wood)

Question 6

what is substantial impairment of ability?

Answer 6

s.52(1)(b)
to understand the conduct- automatic state, don’t know what they are doing
form a rational judgment-know the nature but not the judgement involved
ability to exercise self control- cannot stop himself from killing

Question 7

what is provides an explanation for defendants conduct?

Answer 7

s.52(1)(c)
the abnormality must be a cause or be a significant contributing factor