Diminished responsibility Flashcards
criminal law paper 1
What are the four key elements of diminished responsibility?
The four elements are:
1) An abnormality of mental functioning.
2) Arising from a recognised medical condition.
3) Substantially impairing the defendant’s ability to understand the nature of their conduct, form a rational judgment, or exercise self-control.
4) Providing an explanation for the defendant’s actions in the killing.
How was abnormality of mental functioning defined in R v Byrne?
It was defined as a state of mind so different from that of an ordinary person that a reasonable person would consider it abnormal.
What were the recognised medical conditions in Hobson and in Stewart?
In Hobson, battered woman syndrome was recognised.
In Stewart, alcohol dependency syndrome was recognised.
What is the authoritative source for conditions that will be included as recognised medical conditions?
The authoritative source is the World Health Organization’s International Classification of Diseases (ICD).
What are the three things, of which one must be substantially impaired?
1)The ability to understand the nature of their conduct.
2) The ability to form a rational judgment.
3) The ability to exercise self-control.
What does “substantially impaired” mean after R v Golds?
It means the impairment must be significant or weighty, rather than trivial or minimal.
Which legal concept does “the abnormality must explain the killing” refer to?
This refers to causation; the abnormality of mental functioning must be a significant contributing factor to the killing.
What does R v Dietschmann tell us about intoxication?
The case established that a defendant can still rely on diminished responsibility if they have a recognised medical condition that substantially impaired them, even if they were also intoxicated.
Explain one criticism of the law on diminished responsibility.
One criticism is that the definition of “substantial impairment” remains vague and subjective, leading to inconsistent application by juries.
What is the reform suggested by the Law Commission?
The Law Commission suggested creating a clearer statutory definition of diminished responsibility to reduce ambiguity and improve consistency in its application.
