Diminished responsibility

Question 1

How would DR be argued by D

Answer 1

a recognized medical condition diminished their responsibility for their killing

Question 2

what did the court hold in the case of sanders

Answer 2

jury had to look at ALL the circumstances

Question 3

who was the burden of proof

Answer 3

burden of proof on D to show he has DR on the balance of probabilitites. BUT prosecution can also raise DR in certain cases

Question 4

what happened in the case of Brennan

Answer 4

D was convicted of murder despited uncontradicted medical evidence, this was because evidence suggested that the murder was well-planned.

Question 5

what is the source of DR

Answer 5

S2 Homicide Act 1957

Question 6

First part of DR

Answer 6

D must suffer from an abnormality of mental functioning
Byrne - open direction, entirely left to juries
first test under amended law - aruged that medical expretise/evidence will play a greater role to help jury decide if D meets this requirement

Question 7

second part of DR

Answer 7

Abnormality must arise from a recognized medical condition
again, role of medical evidence is important.
medical condition could vary and include physical, psychiatric and psychological medcial conditions

Question 8

list some medical conditions recognized from old test

Answer 8

adjustment disorder
battered woman syndrome
depression
epilepsy
othello syndrome (extreme jealousy)
paranoia

Question 9

case example for adjustment order

Answer 9

dietschmann

Question 10

case example for battered woman syndrome

Answer 10

ahluwalia

Question 11

case exampled for depression

Answer 11

ahluwalia

Question 12

case example for othello syndrome (extreme jealousy)

Answer 12

vinagre

Question 13

case example for epilepsy

Answer 13

campbell

Question 14

case example for paranoia

Answer 14

simcox

Question 15

who recognizes the recognized medical condition

Answer 15

it is a matter of law - DOWDS

Question 16

what does the case of Dowds say

Answer 16

that a matter of law recognizes the medical condition and that it is necessary, but not always sufficient, that a condition is included in one of the diagnostic manuals

Question 17

third part of DR

Answer 17

abnormality must substantially impaired d’s ability to do one or more things

Question 18

what is the issue of ability

Answer 18

a matter of psychiatry - how far d deviates from the normal ability to do those things

Question 19

what is substantially ipar

Answer 19

CRUCIAL
GOLDS -
can mean two things
1 - D’s ability are impaired to more than a trivial or minimal extent
OR
2 - D’s abilities are ‘significantly or appreciably impaired’

Question 20

what are “one of things”?

Answer 20

a - d’s ability to understand the nature of their conduct
b - d’s ability to form a rational judgment
c - d’s ability to excersie self-control.

Question 21

Law commission example of D’s ability to understnad that nature of their conduct

Answer 21

Boy plays video games for hours most of his life
kills child when child takes stuff
does not understnad that people to not revive like in game

Question 22

fourth part of DR

Answer 22

the abnormality must provide an explanation for D’s conduct of killing - means that there must be clear link between act/omission and their abnormality of mental functioning

Question 23

can intoxicated D’s claim DR

Answer 23

R v dietschmann, the courts held that the causative effect of alcohol did no necessarily prevent an abnormality of mind

Question 24

Alcohol dependency syndrom and DR

Answer 24

HARSH - R v Tandy
for a craving to amount to a disease, the drink had to be involuntary, T could not show that first drink was involuntary therefore defence could not succeed