Diminished responsibility

Question 1

What act lays out the defence of diminished responsibility?

Answer 1

HOMICIDE ACT 1957 S.2(1) as amended by the CORONERS AND JUSTICE ACT 2009.

Question 2

What are the elements to be proven according to BYRNE?

Answer 2

D must have suffered an abnormality of mental functioning- which:
- arose from a recognised medical condition (1)
- substantially impaired D’s ability to understand the nature of his conduct, or form a rational judgement, or exercise self-control (2)
- provides an explanation for D’s conduct in doing or being a party to the killing. (3)

Question 3

What psychological conditions are recognised?

Answer 3

Severe depression, paranoia, delusions, schizophrenia, severe learning difficulties, battered womans syndrome and alcohol dependency syndrome.

Question 4

What physical conditions are recognised?

Answer 4

Epilepsy, sleep disorders and diabetes.

Question 5

What does GOLDS state?

Answer 5

The impairment must be significant.

Question 6

What does CAJA 2009 state about the abnormality of mental functioning?

Answer 6

It need not be the only factor which caused D to kill, but it must be a significant factor.

Question 7

What does DOWDS (+ DIETSCHMANN) state?

Answer 7

Voluntary intoxication alone is not capable of establishing the defense of diminished responsibility.