Diminished Responsibility

Question 1

AbCDsiaE Section 52 Coroners & Justice Act 2009

Answer 1

Abnormality of mental functioning
Recognised medical condition
Does it substantially impair ability
Provides an explanation

Question 2

Abnormality of mental functioning

Answer 2

Reasonable person must consider it abnormal (Byrne)
The abnormality can be temporary or permanent (Reynolds)
It doesn’t have to be bordering on insane (Seers)

Question 3

Recognised medical condition

Answer 3

Alcohol
Alcoholism can be abnormality of mind (Wood, Stewart)
Would mental abnormality impair responsibility for actions (Gittens)

Question 4

Does it substantially impair ability

Answer 4

To understand nature of conduct
To for rational judgement
To exercise self control

Must be more than trivial impairment (Golds)

Question 5

Provides an explanation

Answer 5

Does the mental impairment provide and explanation for killing or at least substantially contribute (Dietschmann)