Diminished Responsibility

Question 1

I

Answer 1

D mag be able to argue the defense of diminished responsibility

Question 2

D

Answer 2

This is defined under s.52 coroners and justice act 2009 as having 3 stages

Question 3

E

Answer 3

Stage 1 states that the d must be suffering from an abnormality of mental functioning which arose from a recognized medical condition (BYRNE) stated this is a state of mind do different from that of ordinary human beings that the reasonable person would term it abnormal

Question 4

Recognized medical conditions

Answer 4

• severe depression (seers)
• PMT (smith)
• battered wives syndrome (Hobson)
• epilepsy (Campbell)
• paranoia/personality disorder (Martin)
• irresistible impulses (Byrne)
• alcohol dependency syndrome (Stewart)

Question 5

A

Answer 5

Apply

Question 6

E

Answer 6

Stage 2 states the abnormality of mental functioning must have been substantially impaired the D’s ability to understand the nature of their conduct, form rational judgements or exercise self control

(Golds) defines substantial impairment as weighty, not trivial

Question 7

A

Answer 7

Apply

Question 8

E

Answer 8

Stage 3 stages the abnormality must be the reason for the killing

A.2(1)(B) amended homicide act 1957 states the abnormality must be a significant contributor of factor in the killing of v

Question 9

A

Answer 9

Apply

Question 10

Side rule intoxication

Answer 10

If the d was intoxicated at the time of the killing if so ignite the intoxication would the d have still killed if they were not intoxicated (Dietschmann)

Question 11

Conclusion

Answer 11

In conclusion d will be successfully in arguing the defense of diminished responsibility