Diminished Responsibility

Question 1

Definition of DR

Answer 1

Special, partial defence to murder (S.2HA amended by S.52 CAJA 2009).
Special - only murder
Partial - reduced to manslaughter
Burden of proof on defence (Wilcocks 2016)

Question 2

Abnormality of Mental Functioning (S.2(1)HA)

Answer 2

A state of mind so different from ordinary human beings RM would term abnormal. (Bryne).
No need AOMF to have been present from birth. (Gomez).

Question 3

Recognised Medical Condition (S.2(1)(a))

Answer 3

Depression (Seers)
ADS (Wood)
Battered Wife Syndrome (Hobson)
Paranoia (Martin)
Psychopathy (Foye)
Schizophrenia (Moyle)
Epilepsy (Campbell)
Autism (Conroy)

Question 4

Substantial Impairment (S.2(1)(b))

Answer 4

To understand nature of conduct (S.2A(a)).
To form a rational judgement (S.2A(b)).
To exercise self-control (S.2A(c)).

Substantial - Golds 2016

Question 5

Provides an explanation for the killing (S.2(1)(c))

Answer 5

Must be contribution to killing.

Question 6

Intoxication & DR

Answer 6

D intoxicated and no abnormality (Dowds) - use defence intoxication.
D intoxicated and has unrelated abnormality (Dietschman) - did D’s abnormality alone impair responsibility for killing.
D suffers from long term substance abuse (Wood) - ADS can be RMC, brain damage not needed.