Diminished Responsibility

Question 1

Definition

Answer 1

S.52 coroners and justice act 2009- 3 stage test

Question 2

Stage one

Answer 2

D must be suffering from an abnormality of mental functioning which arose from a recognised medical condition. A state of mind so different from an ordinary person that it would be deemed abnormal (Byrne)

Question 3

Stage two

Answer 3

The abnormality nuts have substantially impaired d’s ability to understand the nature of their conduct, form rational judgements or exercise self control. Must be weighty not trivial (golds)

Question 4

Stage three

Answer 4

The abnormality must be the reason for the killing. The abnormality must be a significant contributory factor in the killing of v (amended homicide act 1957)

Question 5

Intoxication

Answer 5

If d was intoxicated at the time then ignore it and ask if d would do with if they weren’t? (Dietschmann)