Diminished responsibility

Question 1

What is DR defined into ?

Answer 1

The coroners and justices act 2009

Question 2

what is DR defined into within S52(1) CJA2009

Answer 2

‘anyone that suffers from AMF (abnormality of mental functioning) that substantially impairs the D’s ability to; -understand the nature of his conduct
-form a rational judgement
-excersize self control
must provide the explanation for the killing

Question 3

what is AMF and what case is this defined in?

Answer 3

a state of mind so different from ordinary beings that the reasonable man would term it abnormal
(Rv byrne)

Question 4

what are recognised medical conditions

Answer 4

they can either be physical or psychological e.g depression,alcohol dependency syndrome, paranoia and others
(R v jenkins for schizophrenia)

Question 5

what is substantially impairment

Answer 5

1- understand the nature and quality of their acts
2-form a rational judgement
3-excersize a self control
substantial= total but not trivial
(R v Lloyd)

Question 6

what is the provide of an explanation

Answer 6

it is where but for the AMF would the d have killed v
Does this explain the killing?

Question 7

what does no AMF+intoxication mean
and what case is this shown in

Answer 7

it will mean DR will not be available
(r v dowds)

Question 8

what does AMF+intoxication mean and what case is this shown in

Answer 8

DR will be available if the jury is satisfied that despite the drinks D’s mental abnormality substantially impaired his mental responsibilty for his acts
(R v dietschmenn)

Question 9

what does AMF caused by ads mean and what case is this introduced

Answer 9

it will mean DR will be available

1-was the d the suffering from adf depending on the severity and nature of the ads
2-was the d abnormality of mental functioning excused by ads
3-was d’s mental responsibility substantially impaired

(R v Stewart)