Diminished Responsibilty

Question 1

Diminished Responsibility is a

Answer 1

Partial defence with reduces murder to voluntary manslaughter

Question 2

Diminished responsibility

Answer 2

“Bordering on but not amounting to insanity” (HM Advocate v Braithwaite)

Question 3

Cant be convicted of murder if he was suffering from an abnormality of mental functioning which:

Answer 3

1. Results from a recognised medical condition
2. Substantially impairs the defendants ability to:
   - Understand his own conduct OR
   - Form a rational judgement OR
   - Exercise self control
3. Provides an explanation for the result

Question 4

Abnormality of mental functioning ( R v Bryne )
“Test”

Answer 4

Whether the D’s mental functioning was so different from that of an ordinary human being that it would be seen as abnormal.

Question 5

Which results from a recognised medical condition

Answer 5

( R v Conroy )

Would have to be confirmed by psychiatric evidence

Question 6

Substantially impairs the defendants ability to…

Answer 6

A) Understand his own conduct
B) Form a rational judgement
C) Exercise self control

Question 7

Provides an explanation for the result

Answer 7

The abnormality of mental functioning must be a significant contributing factor in causing the defendant to act how they did.