Diminished responsibility

Question 1

What is the definition?

Answer 1

Under s52 of the CJA 2009
Diminished responsibility will provide a partial defence to murder where D has an abnormality of mental functioning which allows them to bring murder down to voluntary manslaughter

Question 2

What is an abnormality of mental functioning?

Answer 2

A mental functioning which the reasonable person would deem as abnormal (Byrne)

Question 3

How is an abnormality of mental functioning classed?

Answer 3

By the world health organisation (r v potts= dementia)

Question 4

What does substantially impair mean?

Answer 4

Whether the defendant cannot understand the nature and quality of their acts, they cannot perform self control and they cannot form a rational judgement. Substantial means total but not trivial (gold)

Question 5

factual causation

Answer 5

But for the defendants abnormality of mental functioning, would they have killed the victim?

Question 6

What is the rule with intoxication?

Answer 6

No AMF and drunk is no defence
AMF and drunk then the jury must decide if despite the drink their mental functioning would have still been impaired (Dechman)
AMF + ADS + drunk
1. Must suffer from AMF
2. Was D’s AMF caused by ADS
3. Was D’s mental functioning substantially impaired (Stewart)