Diminished Responsibility Manslaughter

Question 1

What act sets out diminished responsibility

Answer 1

Homicide Act 1957

Question 2

What section sets out the definition of diminished responsibility

Answer 2

s2(1)

Question 3

What if the definition of diminished responsibility

Answer 3

A person who kills or is a party to killing is not to be convicted of murder if he was suffering from an abnormality of mental functioning which m:
1) arose from a recognised medical condition
2) substantially impaired D’s ability to:
a) understand the nature of his conduct
b) form a rational judgement or
c) exercise self-control
3) provides an explanation for D’s acts and omissions

Question 4

What does ‘Byrne’ describe an abnormality of mental functioning as

Answer 4

‘A state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal’

Question 5

What section of the Homicide Act says the abnormality of mental functioning must arise from a RMC

Answer 5

s2(1)

Question 6

Does the recognised medical condition cover both mental and physical conditions

Answer 6

Yes

Question 7

What case states substantial does not mean total nor does it mean minimal

Answer 7

Lloyd

Question 8

What does Golds state

Answer 8

The interpretation of ‘substantial’ should be left to the jury, but if asked they should say substantial means important

Question 9

What section of the Homicide Act says one of three things must be substantially impaired:
Understanding of the nature of his conduct
Forming a rational judgement
Exercising self control

Answer 9

s2(1)

Question 10

What section of the Homicide Act states that D must prove that the abnormality of mental functioning provides an explanation

Answer 10

s2(1B)

Question 11

What case states that being intoxicated is not an abnormality of mental functioning

Answer 11

Di Duca

Question 12

What did the HOL decide in Dietschmann

Answer 12

Notwithstanding the intoxication, If D’s abnormality of mind substantially impaired his mental responsibility, the jury should not find him guilty of murder

Question 13

What case shows that Alcohol Dependancy Syndrome could be used as RMC

Answer 13

Tandy

Question 14

What case showed that ADS could be considered as a source for abnormality of mental functioning, but it was up for the jury to decide

Answer 14

Wood

Question 15

What was the test set out in ‘Stewart’

Answer 15

1. Does D suffer from an abnormality of the mind (ADS does not amount to an abnormality)
2. Was D’s abnormality caused by ADS
3. Was D’s mental responsibility substantially impaired