Diminished Responsibility (Paper 1)

Question 1

D will get the defence of diminished responsibility if they are suffering from

Answer 1

A mental health issue

Question 2

Which Act of Parliament sets out the 3 stage test for diminished responsibility

Answer 2

Section 52 Coroners and Justice Act 2009

Question 3

Stage 1 of diminished responsibility

Answer 3

D must be suffering from an abnormality of mental functioning which arose from a recognised medical condition

Question 4

The case which defines abnormality of mental functioning

Answer 4

Byrne

Question 5

What is the definition of abnormality of mental functioning

Answer 5

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

Question 6

List of recognised medical conditions

Answer 6

Battered wives syndrome (Hobson), epilepsy (Campbell), depression (Seers), pre - menstrual tension (Smith), alcohol dependency syndrome (Stewart), paranoia / personality disorder (Martin), irresistible impulses (Byrne)

Question 7

Stage 2 is the abnormality of mental functioning must substantially impair D’s ability to:

Answer 7

Form a rational judgement, understand the nature of their conduct, or exercise self-control

Question 8

What is the ruling in Golds

Answer 8

Abnormality must be weighty, not ‘trivial’

Question 9

Stage 3 of diminished responsibility

Answer 9

Abnormality must provide an explanation for the killing

Question 10

Section 2 (1B) (Amended) Homicide Act 1957 states

Answer 10

The abnormality must be a significant contributory factor in causing D to carry out the killing

Question 11

Case which held the jury must ignore intoxication and consider the abnormality alone

Answer 11

Dietschmann