Dimished Responsibility (fatal offence)🎀

Question 1

Identify

Answer 1

The D (name) may be able to argue the defence of Diminished Responsibility

Question 2

Definition

Answer 2

S.52 of the Coroners and Justice Act 2009 defines DR as having a 3 stage test

Question 3

Stage 1 (1)

Answer 3

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

Question 4

Stage 1 (2)

Answer 4

(Byrne) defined an abnormality of mental functioning as a “state of mind so different from that of ordinary human beings that the reasonable person would term it abnormal”

Question 5

Recognised medical conditions

Answer 5

•Severe depression (Seers)
•PMT (Smith)
•Battered Wives Syndrome (Hobson)
•Epilepsy (Campbell)
•Paranoia / Personality disorder (Martin)
•Irresistible impulses (Byrne)
•Alchohol Dependancy Syndrome (Stewart)
-APPLY THE RELEVENT ABNORAMLITY-

Question 6

Stage 2

Answer 6

•The abnormality of mental functioning must have substantially impaired D’s ability to understand the nature of their conduct, from rational decisions / exercise self-control
•Substantial impairment must be “weighty, not trivial” (Golds)
-APPLY-

Question 7

Stage 3- The abnormality must be the reason for the killing

Answer 7

•S.2(1)(b) of the amended Homoside Act 1957- D’s abnormality of mental functioning must be a casual connection to why the D killed
•(In other words, if the D did not have the abnormality would they have killed?)
-APPLY-

Question 8

Side Rule- Intoxication

Answer 8

•If the D was intoxicated at the time of the death, would the D still have killed if not intoxicated? (Dietschmann)- IF THE SR IS USED, ALSO USE INTOXICATION AS A DEFENCE)
-APPLY-