Diminished Responsibility

Question 1

Legal Source for Diminished Responsibility?

Answer 1

Section 2 of Homicide Act 1957

Question 2

Old Legal definition of Abnormality of mental functioning:

Diminished Responsibility

Answer 2

A state of mind so different that the reasonable man would deem it abnormal.

Byrne [1960]

Question 3

Amended definition of Abnormality of mental functioning:

Diminished Responsibility

Answer 3

More psychiatric and favors medical expertise

Question 4

Abnormality must arise from mental conditions

Answer 4

These mental conditions are recognized by the law.

Dowds [2012]

Question 5

Substantially impaired Ds ability to do one of more things:

Answer 5

Old law: Lloyd [1967]

New Law: Golds [2014}

Question 6

Requirements to satisfy Diminished responsibility defence:

Answer 6

1. Defendant must suffer from an abnormality of mental functioning.
2. Abnormality must stem from a recognized mental condition.
3. Abnormality must have substantially impaired Defendant’s ability to do one or more things.
4. The abnormality must provide an excuse for Ds conduct of killing.

Question 7

Lloyd [1967]

Answer 7

Stated that substantial impairment means not absolute but more than trivial.

Question 8

Golds [2014}

Answer 8

Substantial impairment can mean two things:

• Defendant’s abilities impaired to more than a trivial or minimal extent
  OR
• Ds abilities are significantly or appreciably impaired (stricter test).