Diminished Responsibility

Question 1

Defence to

Answer 1

Murder

Question 2

Type of manslaughter

Answer 2

Voluntary

Question 3

Section… of the …

Answer 3

S. 52 of the Coroner and Justice Act 2009

Question 4

Burden of proof

Answer 4

The burden of proof is on D. D must prove that their responsibility is diminished at the time of killing. Not the prosecutors job as it is a defence to the offence.

Question 5

On the balance of

Answer 5

Probabilities. The jury must decide that it is 51% likely to be true.

Question 6

burden of poof case

Answer 6

Lambert

Question 7

Mental functioning

Answer 7

Abnormality of mental functioning. Ds has an impaired mental state. Not normal

Question 8

Seers

Answer 8

Depression

Question 9

The condition must be

Answer 9

a recognised medical condition. Where a doctor can diagnose and or treat the defendent

Question 10

Tony Martin

Answer 10

Paranoid personality disorder

Question 11

The impairment is

Answer 11

Substantial

• D does not know the nature of their conduct
• D cannot form a rational judgement
• D cannot express self-control

Question 12

… must provide …

Answer 12

The medical condition must provide an explanation for the killing

Question 13

Ahluwalia

Answer 13

Battered wife syndrome provided an explanation for the killing.

Question 14

Intoxication

Answer 14

will fail. It is not diminished responsibility as D willingly put themselves into that impaired mental state.

Question 15

Di Duca

Answer 15

intoxication will fail

Question 16

State the Law

Answer 16

S. 52 of the coroner and Justice Act 2009
The burden of proof is on D. D must prove that their responsibility is diminished at the time of the killing. Lambert.
Will be judged on the balance of probabilities. The jury will decide if it is at least 51% likely to be true.
Abnormality of mental functioning. Ds mental state is impaired and not normal. Seers
D has a recognised medical condition. It can be diagnosed and/or treated by a doctor. Can not be a broad term such as crazy. Tony martin
The impairment must be substantial. Where D does not know the nature of their conduct. Where D cannot form a rational judgement. And where D cannot express self control.
The medical condition must provide an explanation for the killing. Where D has killed as a result of their medical condition. Ahluwalia
Intoxication is NOT diminished responsibility. A defence where D is intoxicated will fail. Di Duca.