FO-Diminished responsibility

Question 1

what act is diminished responsibility under?

Answer 1

s2 homicide Act

Question 2

What act was diminished responsibility amended by?

Answer 2

s52 coroners and justice act 2009

Question 3

Diminished

Answer 3

An unbalanced state which makes a person less reliable for the crime they have committed.

Question 4

Onus of proof

Answer 4

The defence

Question 5

Standard of proof

Answer 5

D will have to prove balance of probabilities

Question 6

4 elements

Answer 6

Abnormality of mental functioning
Arose from recognised medical condition
Substantially impaired D’s ability
Provides an explanation for D’s acts and omissions for the killing or is a contributing factor

Question 7

Byrnes

Answer 7

Abnormality of mind.

Question 8

Recognised medical condition

Answer 8

Medical evidence is given in court.
Rmc caused an abnormality of mind

Question 9

Martin

Answer 9

Paranoia

Question 10

Ahluwalia

Answer 10

battered woman syndrome

Question 11

english

Answer 11

pmt

Question 12

substantially impaired to do listed things include

Answer 12

understand the nature of his conduct
from a rational judgement
exercise self control

Question 13

Lloyd

Answer 13

not trivial, minimal but somewhere in between

Question 14

Gold

Answer 14

impairment at time of killing
more than minimal or trivial

Question 15

provides an explanation for D’s conduct

Answer 15

significant casual link
Abnormality must cause or be a significant contributing factor.
does not need to be only factor

Question 16

provides an explanation for D’s conduct case

Answer 16

rough

Question 17

Rule 1 of intoxication’s affect on substantial impairment

Answer 17

Intoxication alone

Question 18

Intoxication alone

Answer 18

Intoxication alone with drugs and alcohol cannot amount to diminished responsibility unless there is a RMC.

Question 19

Dowds

Answer 19

As it was voluntary manslaughter DR appeal was rejected

Question 20

Rule 2 of intoxication’s affect on substantial impairment

Answer 20

Intoxication and abnormality of mental functioning

Question 21

Intoxication and abnormality of mental functioning

Answer 21

If the D is intoxicated and has abnormality of mind the question is whether abnormality caused was a significant factor.

Question 22

Gittens

Answer 22

RMC and intoxication when he killed his wife and daughter so charged voluntary manslaughter

Question 23

Dietschmann

Answer 23

Decided abnormality of mind impaired his mental responsibility though he was intoxicated so found guilty of manslaughter.

Question 24

Rule 3 of intoxication’s affect on substantial impairment

Answer 24

Degenerative change

Question 25

Degenerative change

Answer 25

Brain has been damaged by alcohol so likely to be recognised as medical condition

Question 26

Tandy

Answer 26

D had ADS and killed daughter couldn’t use DR

Question 27

Wood

Answer 27

Overruled Tandy could not agree on ADS damaging brain only that drinking was non voluntary

Question 28

Rule 4 of intoxication’s affect on substantial impairment

Answer 28

Addiction, ADS can not resist alcohol
depends on dependency extent and seriousness to control drinking

Question 29

Stewart 3 stages of point of law

Answer 29

Was D suffering from abnormality of mind
Was D’s abnormality caused by ADS?
Was D’s mental responsibility substantially impaired?