VM: Diminished Responsibility

Question 1

AoP governing law

Answer 1

Homicide Act 1957, amended by s52 of the Coroners and Justices Act 2009

Question 2

Byrne

Answer 2

1) d must suffer from an abnormality of mental functioning, meaning a state of mind the r person would consider abnormal

Question 3

Seers

Answer 3

2) RMC- depression

Question 4

Jama

Answer 4

2) RMC- aspergers syndrome

Question 5

Dietschmann

Answer 5

2) RMC- adjustment disorder

Question 6

Ahluwalia

Answer 6

2) RMC- battered women’s syndrome

Question 7

Khan

Answer 7

2) RMC- schizophrenia

Question 8

Wood

Answer 8

2) RMC- alcohol dependency disorder

Question 9

Martin

Answer 9

2) RMC- personality disorder

Question 10

Reynolds

Answer 10

2) RMC- post natal depression

Question 11

Golds, confirming Lloyd

Answer 11

3) “substantial impairment” means more than trivial, does not need to be total and a matter for the jury to decide

Question 12

s2(1a) of the HA ‘57

Answer 12

3) amended that- the AMF must substantially impair the d’s ability to do one of three things:
- understand the nature of his conduct
- form a rational judgement
- exercise self-control

Question 13

DR checklist

Answer 13

• HA’57, s.52 of C&JA’09
• 1) AMF, B
• 2) RMC &egs- S,J,D,A,K,W,M,R
• 3) sub imp: nat of con, rat jud, self con, s2(1a) HA’57
• def sub imp, GcL
• 4) AMF must prov explanation & intoxication, D,W