Diminished responsibility

Question 1

What act and section is it in

Answer 1

S.2 of the Homicide Act 1957 amended by S.52 of the Coroners and Justice Act 2009

Question 2

Elements

Answer 2

Abnormality of mental functioning

Recognised medical condition

Substantially impaired the defendant’s ability to understand the nature of his conduct or form a rational judgment or exercise self-control

Led to death

Question 3

R v Byrne

Answer 3

A state of mental functioning so different from that of an ordinary human being that the reasonable man would deem it abnormal

Question 4

R v Dowds

Answer 4

Intoxication on its own cannot give rise to a defence of diminished responsibility

Question 5

R v Wood

Answer 5

ADS can class as an abnormality of mental functioning

Question 6

R v Kay

Answer 6

A defendant cannot rely on having a disease of the mind such as Schizophrenia if the reason their ability has been impaired is because they are intoxicated

Question 7

R v Dietschmann

Answer 7

If the abnormality of mental functioning impaired D’s ability regardless of the intoxication he could rely on diminished responsibility

Question 8

R v Golds

Answer 8

It is not the case that any impairment that is more than trivial will suffice

Question 9

R v Lloyd

Answer 9

Substantial does not mean total, nor trivial or minimal. It is somewhere in between and for the jury to decide