Diminished responsibility

Question 1

How is diminished responsibility defined?

Answer 1

An abnormality of mental functioning caused by a recognised medical condition with substantially impairs the defendant’s ability to understand the nature of their conduct, exercise self control or form a rational judgement and must explain their conduct

Question 2

What statute sets out diminishes responsibility?

Answer 2

s52 Coroners and Justice Act 2009

Question 3

How is an abnormality of mental function defined and which case defined it?

Answer 3

R v Byrne - a state of mind so different from that of ordinary human beings that the reasonable man would deem it abnormal

Question 4

How is a recognised medical condition defined?

Answer 4

Any condition in the World Health Organisation’s classifications

Question 5

How was substantially defined and which case defined it?

Answer 5

R v Golds - as something important or weighty

Question 6

Can an intoxicated person rely on diminished responsibility?

Answer 6

Alcohol Dependency Syndrome is a recognised medical condition that is accepted for DR. If they do not have ADS and are simply intoxicated, then the intoxication must be treated separately from the abnormality

Question 7

In which case could an intoxicated person use diminished responsibility?

Answer 7

R v Dietschmann