Diminished Responsibility

Question 1

Origin

Answer 1

s52 coroners and justice act 2009
-special and partial defence
-burden on the defence
-voluntary manslaughter

Question 2

Abnormality of mental functioning

Answer 2

-Heginbothan: killed wife
-Sutcliffe: no sympathy/paranoid schizophrenia
-Byrne: sexual abnormality

Question 3

Recognised medical condition

Answer 3

-Marine A: adjustment disorder
-R v Martin Anthony: paranoid personality disorder
-R v Ahluwalia: battered wife syndrome

Question 4

elements

Answer 4

-abnormality of mental functioning
-recognised medical condition
-significant contributory factor to the killing
-abnormality impaired Ds ability to not understand the nature of there conduct, form rational judgment and exercise self control

Question 5

Significant contributory factors

Answer 5

-Golds: weight greater than merely trivial, must be casual connection between abnormality and killing

Question 6

Impaired Ds ability to understand nature of conduct and from rational judgment

Answer 6

-R v Dowds; intoxication cant amoun to medical condition
-R v Wood: alcohol dependency syndrome, DR
-R v Dietchmann: jury ignored intoxication