Dimimished Responsibilty

Question 1

Opening line for application for diminished responsibility

Answer 1

D may be argue the defence of voluntary manslaughter specifically diminished responsibility

Question 2

Define diminished responsibility

Answer 2

S.52 coroners and justice act 2009 defines diminished as having a 3 stage test

Question 3

What is stage 1

Answer 3

Stage 1 states the D must be suffering from an abnormality of mental functioning which arose from a recognised medical condition
Byrne defined an abnormality of mental functioning as ‘a state of mind so different from that of ordinary human beings that the reasonable person would term it abnormal’.

Question 4

What are the recognised medical conditions

Answer 4

• Severe depression (Seers)
• PMT (Smith)
• Battered Wives Syndrome (Hobson)
• Epilepsy (Campbell)
• Paranoia/ personality disorder (Martin)
• Irresistible impulses- (Byrne)
• Alcohol Dependency Syndrome – (Stewart)

Question 5

What is stage 2

Answer 5

the abnormality of mental functioning must have substantially impaired D’s ability to understand the nature of their conduct, form rational judgements, OR exercise self- control.
Substantial impairment must be “weighty, not trivial” (Golds)

Question 6

What is stage 3

Answer 6

Stage 3 states the abnormality must be the reason for the killing.
s.2 (1) (B) (Amended) Homicide Act 1957. The abnormality must be a significant contributory factor in the killing of V.

Question 7

What is the side rule of intoxication

Answer 7

SIDE RULE: Intoxication- Is the D was intoxicated at the time of the killing? If so, IGNORE THE INTOXICATION- would the D have still killed if they were not intoxicated? – (Dietschmann) TIP: If you use this side rule, also use intoxication as a defence.