Defences - diminished responsibility

Question 1

r v byrne

Answer 1

abnormality of mental functioning = a state of mind so different to that of ordinary human beings

murdered whilst under irreasistable impulses he couldnt control - sexual psychopathy

Question 2

r v conroy

Answer 2

Merely having a recognised medical condition (ASD) is not enough.

There must be clear evidence that the condition substantially impaired his:

Ability to understand the nature of his conduct,

Ability to form rational judgment, or

Ability to exercise self-control.

killed girlinhopes that when sheis uncoscious he could sleep with here

Question 3

r v alhuwalia

Answer 3

battered wifes syndromw gave her a defect of reasoning

Question 4

r v dowds

Answer 4

a one off drinking/drug binge does not give weight to defence of diminsihes responsibility

Question 5

r v dietschmann

Answer 5

be satisfied that even without the drink they would have done the act