Diminished Responsibility

Question 1

ARSE

Answer 1

Abnormality of mental functioning
Recognised medical condition
Substantially impairs D’s ability
Explanation for killing

Question 2

Diminished responsibility

Answer 2

-Homicide act 1957 (mentioned in coroners and justice act 2009
-Partial defence

Question 3

R v Byrne (Abnormality of mental functioning)

Answer 3

-a state of mental functioning so different from that of a ordinary human being that the reasonable man would deem it abnormal
-(originally state of mind, amended in coroners and justice act 2009)

Question 4

substantially impairs D’s ability to:

Answer 4

-Exercise self-control
-form rational judgement
-understand the nature of conduct

Question 5

R v Lloyd

Answer 5

-substantially does not mean completely nor does it mean something trivial, its something inbetween.

Question 6

Explanation for killing

Answer 6

-There must be a casual link between the killing and the defendants impairment.

Question 7

R v Dowas

Answer 7

-intoxication alone cannot give rise to a defence of diminished responsibility

Question 8

R v Kay

Answer 8

-if the abnormality of mental functioning would have arisen regardless of intoxication diminished responsibility is still possible.