Partial Defence - Diminished Responsibility

Question 1

All steps?

Answer 1

1) Abnormality
2) Substantially
3) Explains Ds act or omission in killing.
4) Conclusion

Question 2

Intro is…?

Answer 2

Act + definition

Question 3

Act for DR ?

Answer 3

s2 Homocide Act 1957 as amended by s52 Coroners and Justice Act 2009

Question 4

Definition of DR + case?

Answer 4

D was suffering an abnormality of mental functioning from a medically recognised condition which substantially impaired his ability to one of three things and explains his act or omission in killing.

Question 5

Step 1?

Answer 5

Abnormality of mental functioning.

Question 6

2 things for step 1 + cases?

Answer 6

A) Bryne “state of mind so different from that of ordinary humna beings that the reasonable man would term it abnormal.
B) Recognised medical condition s52(1)(a) The abnormality of mental functioning must be caused by a “recognised medical condition”
Can include: chronic depression (Seers), battered wife syndrome (Ahuwalia) and alchol dependancy syndrome (Wood).
Must be medically proven and the jury will decide.

Question 7

What is Step 2?

Answer 7

Substantially impaired - ds ability to do one of three things must be substantially impaired. s52 (1)(b)

Question 8

3 things for step 2 + cases?

Answer 8

A) Understand the nature of his conduct or ;
B) Form a rational judgement or;
C) Excerise self control
- the impairment must be “important or weighty” (Golds)
- Ds substantial impairment cannot come from intoxication alone. (Egan, Dowds)

Question 9

Step 3?

Answer 9

Explains Ds act or omission in killing. s52(1)(c)

Question 10

2 things for step 3 + cases?

Answer 10

• Factual causation - “but for” (White)
• Legal causation - more than minimal (Smith)

Question 11

Step 4?

Answer 11

If defence succeeds Ds murder charge drops to volunatry maslaughter if fails D will still be charged with murder.