Diminished Responsibility

Question 1

Describe

Diminished Responsibility in General

Section 2(1) of Homicide Act 1957

As Ammended by S.52 of the Coroners and Justice Act 2009 - Apart of DR

Answer 1

Section 2(1) of Homicide Act 1957 (As Ammended by S.52 of the Coroners and Justice Act 2009) -  D must have an abnormality of mental functionality, which arises from a recognised medical condition, which impairs the D's ability and explains why D did the act or omission.

Question 2

Describe

AMF

Byrne, Bunch

Apart of DR

Answer 2

Byrne - A state of mind so different from that of the ordinary human being, that the reasonable man terms it abnormal.

Bunch - D must provide medical evidence to support their claim they sufferred from AMF.

Question 3

Describe

The Cause of AMF

Ahluwalia

Apart of DR

Answer 3

D’s AMF must come from a recognised, under, WHO international classificatons with evidence, physical or mental medical condition.

Ahluwalia - Case of Battered Persons Syndrome

Question 4

Describe

Substantially Impaired

Golds

Apart of DR

Answer 4

AMF must SI D’s mental responsibility for the omission or act.
* D can’t understand the nature of their conduct,
* form a rational judgement,
* and excercise self control.

Golds - Substantial doesn't mean total, more than minimal or trivial, and it's up to jury to decide if D was impaired so much by the medical condition.

Question 5

Describe

Provides Evidence

As simple as it sounds

Apart of DR

Answer 5

AMF must provide an explanation for D’s act or omission, that resulted in the killing.

Question 6

Describe

Intoxication

Dietschmann, Wood

Apart of DR, this isn’t in the INTOXICATION TOPIC

Answer 6

Voluntary Intoxication is not capable of forming AMF.

Dietschmann - If D's pre-existing AMF was main reason for the killing, and not intoxication, D can use DR defence.

Wood - Diminished Responsibility can be defence if D's drinking was involunatry due to the AMF.

Question 7

Apply to an exam question

Flip

Apart of DR

Answer 7

Here the AMF is….
This means D functioning is so different of the ordinary human being because…..

Cause
What is their condition?
Is this a recognised medical condition?
Is it Physical or mental?

Substantially Impair
Was D not able to:
Form a rational judgememt?
Excercise self control?
Understand nature of their conduct?

Explanation
Does it explains the D’s act or omission?

Intoxication (If Relevant)
Does intoxication constitute to AMF? Why?

Therefore the D can / ‘t successfully use the defence of DR.