VM Diminished Responsibility

Question 1

What are the 4 steps to test for VM Diminished Responsibility?

Answer 1

1) Abnormality of Mental Function
2) Recognised Medical Condition
3) Substantial Impairment
4) Explains D’s act/omission in killing

Question 2

Describe Step 1 in VM Diminished Responsibility.

Answer 2

Abnormality of Mental Function
- Defined through common law:
- R v Byrne: “State of mind so different from that of ordinary human being that a reasonable man would term it abnormal”

Question 3

Describe Step 2 of VM Diminished Responsibility.

Answer 3

Recognised Medical Condition
-Abnormality must be caused by medical condition recognised by WHO (World Health Organisation)

Question 4

Describe Step 3 of VM Diminished Responsibility with cases.

Answer 4

Substantial Impairment in one of three ways:
- Understanding nature of own conduct: R v Conroy (ASD sexual assault)
- Form Rational Judgement
- Exercise self control

R v Golds - Substantial is ‘important’ or ‘weighty’

Question 5

Describe Step 4 of VM Diminished Responsibility.

Answer 5

Explains D’s Act/Omission in Killing
- Abnormality must be substantial
- there can be other factors involved