Diminished Responsibility

Question 1

What is the AR

Answer 1

Unlawfully killing a reasonable person in being

Question 2

What is the MR

Answer 2

Intention to kill or cause GBH

Question 3

What are the 3 elements to pleading DR

Answer 3

1. Abnormality of mental functioning
2. Impaired ability to understand conduct
3. Explanation for d’s involvement

Question 4

what is the first element s32.1 (a)

Answer 4

Abnormality of mental functioning caused by a condition (s.32)

Question 5

R v byrne

Answer 5

-Defines abnormality of mind as a state of mind different of a ordinary human that the man would term abnormal
-also defines what is substantially impaired

Question 6

How is element 1 established?

Answer 6

-Medical evidence in court
-up to jury
-accepted by world health origination

Question 7

Aluwhalia

Answer 7

Battered wives syndrome

Question 8

Wood

Answer 8

Alcoholism or drug addiction

Question 9

Gittens

Answer 9

Depression

Question 10

What is the 2nd element s32.1(b)

Answer 10

D’s ability to recognise 3 things is substantially impaired

Question 11

What one of 3 things must be substantially inspired

Answer 11

1.understand nature of conduct
2.form a rational judgement
3. Exercise self control

Question 12

Golds

Answer 12

Judge shouldn’t define substantial to jury

Question 13

What is element 3 s32.1(c)

Answer 13

Provides an explanation for d’s conduct

Question 14

S2 (1b) 1957 homicide act

Answer 14

Abnormality of mental functioning provides an explanation for d’s conduct

Question 15

R v diestchmann

Answer 15

Drunk is no DR