Diminished responsibility

Question 1

Introduced by section ___ of the H____ Act 19___

Answer 1

s2 of the Homicide Act 1957

Question 2

Was amended by section ___ of the Coroners and Justice Act 2009

Answer 2

s52

Question 3

Which two acts are relevant to diminished responsibility?

Answer 3

• s2 Homicide Act 1957

- s52 Coroners and Justice Act 2009

Question 4

True or false: Diminished responsibility is a defence specific to murder

Answer 4

True

Question 5

s__ gives us an overview of the defence and tells us of the ___ elements required to satisfy it.

Answer 5

s52

Three

Question 6

Element 1: D must be suffering from an a___ of m__ f___ arising from a r____ medical condition

Answer 6

Abnormality of mental functioning arising from a recognised medical condition

Question 7

R v Byrne gives us the definition of:

Answer 7

Abnormality of mental functioning

Question 8

“A state of m___ so different from that of the o____ human being that the r____ man would deem it a____”

Answer 8

A state of MIND so different from the ORDINARY human being that the REASONABLE man would deem it ABNORMAL

Question 9

“A state of m___ so different from that of the o____ human being that the r____ man would deem it a____”

Answer 9

Mind
Ordinary
Reasonable
Abnormal

Question 10

True or false: Medical conditions can be physical or psychiatric

Answer 10

True

Question 11

Examples of cases involving medical conditions
R v G\_\_\_\_\_ (Chronic depression)
R v S\_\_\_ (Pre-menstrual tension)
R v Ahluwahlia (Battered woman syndrome)
R v \_\_\_\_\_\_(Epilepsy)

Answer 11

Gittens
Smith
R v Campbell

Question 12

Section 52 1b gives us the ___ element

Answer 12

Second

Question 13

Section 52 1b declares that the mental abnormality must do one of three things:

1. ____ the nature of his conduct
2. Form a rational ____
3. Exercise s__-c____

Answer 13

1. Understand the nature of his conduct
2. Form a rational judgement
3. Exercise self-control

Question 14

R v Brown gives us the definition of:

Answer 14

Substantial impairment

Question 15

Substantial means “more than ____ but less than__”

Answer 15

More than trivial but less than total

Question 16

What case provides clarity of the meaning of substantial?

Answer 16

R v Brown

Question 17

Element 3: The abnormality of functioning can e____ the defendant’s conduct

Answer 17

Explain

Question 18

True or false: Intoxication alone cannot satisfy the defence of diminished responsibility.

Answer 18

True

Question 19

Which case declares that intoxication alone does not satisfy the defence of diminished responsibility?

Answer 19

R v Egan

Question 20

What does R v Wood tell us?

Answer 20

Alcohol Dependency syndrome is a valid disease for the defence of diminished responsibility

Question 21

s2(1) Homicide Act 1957 says that…..

Answer 21

Someone is not to be convicted of murder if he was suffering from “an abnormality of mental functioning.”