Diminished Responsibility

Question 1

Where is it defined

Answer 1

S2 of the homicide act 1957

Question 2

What’s the structure for diminished responsibility

Answer 2

1. Abnormality of mental functioning
2. Recognised mental condition
3. Substationally impairs Ds ability to do one of three things
4. Explanation for Ds acts and omissions

Question 3

R v Byrne

Answer 3

Mental functioning is so different from an ordinary humans that a reasonable person would call it abnormal

Question 4

R v Martin

Answer 4

Paranoid personality disorder

Question 5

R v ahluwahli

Answer 5

Battered women’s syndrome

Question 6

R v seers

Answer 6

Depression

Question 7

R v brown

Answer 7

Extreme stress

Question 8

Edgington

Answer 8

Schizophrenia

Question 9

Hennessy

Answer 9

Diabetes

Question 10

R v di duca

Answer 10

Being drunk isn’t a medical condition

Question 11

R v wood

Answer 11

Being a alcoholic is a medical condition

Question 12

R v Tandy

Answer 12

Brain damage is a medical condition

Question 13

R v golds

Answer 13

Substantially means more than minimal damage
1. Understand the nature of his conduct
2. Form a rational judgement
3. Exercise self control

Question 14

S2(1)(B)

Answer 14

The abnormality causes or is a significant factor in causing D to carry out their conduct

Question 15

R v dietchmann

Answer 15

Defence is allowed