Diminished responsibility

Question 1

A person who kills may be convicted of manslaughter rather than murder if he or she was suffering from an abnormality of mental functioning which caused what 3 things?

Answer 1

-Arose from a recognised medical condition.
-substantially impaired the D’s ability to understand the nature of his conduct or form a rational judgement or exercise self control.
-provides an explanation for D’s acts and omissions in killing.

Question 2

1) is there an AMF? and what is this? provide a case?

Answer 2

• so different from that of ordinary human beings that the reasonable man would term it abnormal.-Byrne.

Question 3

2) does the AMF arise from a medical condition?

Answer 3

-includes physical and phycological conditions.
-(depression)-dietschmann.
-(paranoia)-martin
excludes immaturity and voluntary intoxication-(Dowds).

Question 4

3) Does the AMF substantially impair D’s mental ability? What are the 3 things? Provide a case/

Answer 4

-to understand the nature of D;s conduct.
-to form a rational judgement.
-to exercise self-control.
-(GOLDS.)

Question 5

4) does it explain the killing?

Answer 5

Cause D’s conduct or is a significant contributory factor.

Question 6

DR AND INTOXICATION: what is the rule on intoxication and alcohol-(syndrome).

Answer 6

-intoxication alone cannot support a defence of DR.
-alcohol dependency syndrome is a recognised medical condition.

Question 7

A successful plea of diminished responsibility reduces murder to what?

Answer 7

voluntary manslaughter.