Diminished Responsibility

Question 1

Definition of diminished responsibility

Answer 1

S52 Coroners and Justice Act 2009 lay down a 3 stage test

Question 2

Stage 1 - D must be suffering from an abnormality of mental functioning which arose from a recognised medical condition

Answer 2

Byrne - this is a "state of mind so different from that of ordinary that a normal person would find it abnormal"
Examples:
Hobson - battered wives syndrome 
R V Campbell - epilepsy 
Seers - depression
Smith - pre menstrual tension 
Wood - alcohol dependency 
Martin - paranoia

Question 3

Stage 2 - the abnormality must substantially impair D’s ability to form a rational judgement b) understand the nature of their conduct c) exercise self control

Answer 3

R v Lloyd - the impairment need not be total but it must be more than trivial
R v Gold - significant or appreciable

Question 4

Stage 3 - D’s abnormality provides an explanation for their conduct in the killing

Answer 4

S2(1B) of the amended Homicide Act states the abnormality must be a significant contributory factor in causing D to carry out the killing

Question 5

Intoxication/drugs

Answer 5

Dietschmann - the jury must ignore the drinking and consider the abnormality alone

Question 6

Alcohol dependency syndrome

Answer 6

Stewart - was D suffering from an abnormality?
Was it caused by ADS?
Did it substantially impair their mental responsibility?