Diminished Responsibility Model Answer

Question 1

Diminished responsibility may apply, set out in…

Answer 1

S.2 of the Homocide Act 1957 amended by section 52 of the Coroners and Justices Act 2009.

Question 2

The standard of proof is on…

Answer 2

the balance of probabilities, established in WILCOCKS

Question 3

Firstly, under section S.2(1) the defendant must have been…

Answer 3

suffering from an abnormality of mental functioning (BYRNE).

Question 4

Secondly, the cause of the abnormality or mental functioning must arise from a…

Answer 4

recognised medical condition.

Question 5

Medical evidence will be needed (BUNCH). If…

Answer 5

two medical professionals agree there is a recognised medical condition, then d must not be charged with murder (BRENNAN).

Question 6

A recognised medical condition covers…

Answer 6

Mental and physical conditions, and examples are depression (SEERS), Asperger’s Syndrome (JAMA) and alcohol dependency syndrome (STEWART)

Question 7

Thirdly the abnormality of mental functioning must…

Answer 7

substantially impact the defendants ability to do one of three things

Question 8

Thirdly, the abnormality of mental functioning must…

Answer 8

substantially impair the defendants ability to done of three things: …

Question 9

Understand the…

Answer 9

Nature of his conduct

Question 10

Form a…

Answer 10

rational judgement

Question 11

Exercise…

Answer 11

self control.