Diminished Responsabilty

Question 1

Act for diminished responsibility

Answer 1

S2 homocide act 1957 amended 2009

Question 2

Definition for diminished responsabilty

Answer 2

A person who kills shall not be convicted of murder if they were suffering from an abnormality of mental functioning which arose from a recognised medical condition which substantially impaired D ability to understand nature of their conduct, form rational judgement and exercise self control and must provide explanation for Ds act

Question 3

Elements for diminished responsabilty

Answer 3

1) abnormality of mental functioning
2) recognised medical condition
3) substantial impairment
4) provides explanation for Ds act

Question 4

Elements within element 3 (substantial impairment)

Answer 4

1) understand nature of conduct
2) form a rational judgement
3) exercise self control

Question 5

R v Byrne

Answer 5

Defined abnormality of mental functioning which is a state of mind so different from that of ordinary people that the reasonable person would term it abnormal

Question 6

R v Golds

Answer 6

Trigger must be something important/weighty not trivial or minimal

Question 7

R v Stewart

Answer 7

Alcohol/ drug dependency syndrome is a recognised condition

Question 8

R v Dietschmann

Answer 8

Jury must consider whether the medical condition alone substantially impaired D