diminished responsibility

Question 1

what is the definition of DR

Answer 1

D was suffering an abnormality of mental functioning from a recognised medical condition which substantially impaired his ability to do one of th three specified things and explains his act or omission

Question 2

what is step 1 of DR

Answer 2

D must have suffered with an abnormality of mental functioning
a state of mind so different from that of an ordinary human being that the reasonable man would term it abnormal (Byrne)

Question 3

what does the abnormality of mental functioning come from

Answer 3

a recognised medical condition s52(1)(a)
Ds medical condition must be proven medically, and the jury will decide

Question 4

what does a recognised medical condition include

Answer 4

sexual psychopath, chronic depression, premenstual tension, battered wife syndrome, post natal depression

Question 5

what is step 2 of DR

Answer 5

substantially impaired s52(1)(b)
Ds ability to do 1 of 3 things must be substantially impaired
it must be important or weighty (golds)
it can’t just come from intoxication alone (egandowds)

Question 6

what are the 3 things in substantially impaired

Answer 6

1. understand the nature of their conduct
2. form a rational judgment
3. exercise self control

Question 7

what is step 3 of DR

Answer 7

the abnormality of mental functioning must explain Ds conduct in killing s52(1)(c)

Question 8

what is causation of DR

Answer 8

factual but for D abnormality, he wouldn’t have killed (white)
legal Ds abnormality was a more than minimal cause of the killing (smith)

Question 9

what is the conclusion of DR

Answer 9

succeeds= Ds murder charges will be dropped to voluntary manslaughter
fail= D will be charged with murder