Diminished Responsibility

Question 1

Definition

Answer 1

Special defence to murder defined in the Coroners and Justice Act 2009

Question 2

Abnormality of mental functioning

Answer 2

A state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal (R v Byrne)

Question 3

Recognised medical condition

Answer 3

Any condition recognised by the World Health Organisation (R v Dietschman)

Question 4

Substantial

Answer 4

To be decided by the jury (R v Gold)

Question 5

Impairment

Answer 5

D must be unable to understand the nature of his conduct, form rational judgements or exercise self control (R v Lloyd)

Question 6

Reason for killing

Answer 6

The amf must be the reason for the murder

Question 7

Intoxication is not a defence/ADS is

Answer 7

A. D was intoxicated at the time of the killing but no RMC, no defence (R v Dowds)
B. D was intoxicated and has a pre-existing AMF (R v Stewart)

Question 8

ADS is a defence

Answer 8

D was intoxicated due to ADS which is an RMC, defence if this caused the amf