Diminished Responsibility

Question 1

What’s the statute for DR?

Answer 1

S.2 Homicide Act ammeneded by S.52 Criminal Justice Act

Question 2

What are the 4 elements of DR and their section numbers?

Answer 2

1. Abnormality of Mental Functioning - S.52(1)
2. Recognised Medical Condition - S.52(1)(a)
3. Substantially impaired Ds ability - S.52(1)(b)
4. Provides an explanation for the killing - S.52(1)(c)

Question 3

What’s the principle from Byrne?

Answer 3

State of mind so different from that of an ordinary person that the reasonable person would term it abnormal

Question 4

What’s the principle from Ahluwalia for DR?

Answer 4

Battered woman’s syndrome

Question 5

What is the subsection for Recognised Medical Condition - S.52(1)(b) and their cases for DR?

Answer 5

Subsection (1A) :
Understand nature of conduct - Bentley
Form rational judgement - Ahluwalia
Exercise self control - Byrne

Question 6

What’s the principle for R v Lloyd for DR?

Answer 6

Not total but more than trivial

Question 7

What’s the principle from R v Golds?

Answer 7

Substantial means significant

Question 8

What does S.52(1)(c) say for element 4 of DR?

Answer 8

There must be a causal link between the AOMF and the killing