Dimished Responsibilty

Question 1

D may be able to argue the defence of…

Answer 1

Voluntary manslaughter specifically diminished responsibility

Question 2

Section 52 of coroners and justice act 2009-

Answer 2

Established a 3 stage test that must be followed

Question 3

Stage 1-

Answer 3

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

Question 4

Byrne-

Answer 4

“A state of mind so different if that of an ordinary persons that the reasonable person would term it abnormal”

Question 5

Stage 2

Answer 5

The abnormality must have substantially impaired Ds ability to understand the nature of their conduct, form rational judgement or exercise self control.

Question 6

Golds-

Answer 6

Substantial impairment must be “Weighty not trivial”

Question 7

Stage 3

Answer 7

Abnormality must be reason for killing

Question 8

(Amended) Homicide act 1957-

Answer 8

Abnormality must be a significant contributory factor to the killing