Diminished Responsibility Flashcards
Which of the following is a correct statement about the effect of a successful diminished responsibility defence?
A. It reduces murder to voluntary manslaughter
B. It leads to full acquittal
C. It results in a hospital order automatically
D. It removes the defendant’s criminal liability entirely
A. It reduces murder to voluntary manslaughter
Explanation: Diminished responsibility is a partial defence, so it reduces a murder conviction to voluntary manslaughter, giving judges sentencing discretion.
Jamie, who suffers from severe depression, kills his abusive father. A psychiatrist testifies the depression impaired Jamie’s ability to form rational judgement. Which element does this support?
A. Substantial impairment of ability under a recognised condition
B. Provocation
C. Automatism
D. Intoxication defence
A. Substantial impairment of ability under a recognised condition
Explanation: Depression is a recognised medical condition. If it impairs rational judgment, it supports diminished responsibility.
Which of the following would NOT support the defence of diminished responsibility?
A. Paranoid schizophrenia
B. Alcohol Dependency Syndrome
C. Temporary rage due to jealousy
D. Post-traumatic stress disorder
C. Temporary rage due to jealousy
Explanation: Emotions like jealousy or anger, without an underlying medical condition, do not qualify. R v Dowds confirmed this.
Taylor kills a neighbour during a psychotic episode caused by untreated schizophrenia. A psychiatrist confirms Taylor lacked self-control. Which element is most relevant?
A. Understanding nature of conduct
B. Ability to form rational judgment
C. Ability to exercise self-control
D. Intention to kill
C. Ability to exercise self-control
Explanation: In this scenario, the psychotic episode interfered with Taylor’s self-control, supporting an element under s 2(1A).
Which of the following cases confirmed that diminished responsibility is unavailable for attempted murder?
A. R v Campbell
B. R v Brennan
C. R v Golds
D. R v Byrne
A. R v Campbell
Explanation: Diminished responsibility only applies to murder charges, not attempted murder, as clarified in R v Campbell.
What does R v Golds clarify about the meaning of “substantial” in substantial impairment?
A. It means the impairment must be total
B. It is a technical legal term needing judicial direction
C. It means more than trivial but less than total
D. It always means impairment of all three mental abilities
C. It means more than trivial but less than total
Explanation: Golds confirms that “substantial” should be given its ordinary meaning—more than trivial, but a jury decision in most cases.
Which case allows diminished responsibility even where the defendant had also been drinking?
A. R v Golds
B. R v Dietschmann
C. R v Dowds
D. R v Campbell
B. R v Dietschmann
Explanation: The defence can still apply if a recognised medical condition substantially impaired D’s mental functioning, even where alcohol was also a factor.
Which of the following must be proven by the defendant on the balance of probabilities for diminished responsibility to succeed?
A. All four elements set out in s 2(1)
B. That they were intoxicated voluntarily
C. That they lacked mens rea for murder
D. That they acted in self-defence
A. All four elements set out in s 2(1)
Explanation: The defence must prove all elements under s 2(1), including abnormality of mental functioning and substantial impairment caused by an RMC.
