Diminished Responsibility

Question 1

D must have an AMF: a state of mind so different from that of ordinary beings that the reasonable person would consider it abnormal

Answer 1

(Byrne)

Question 2

D must have an RMC: this must be recognised by WHO and be clinical, such as depression

Answer 2

(Potts)

Question 3

‘Substantial’ is neither total nor trivial

Answer 3

(Lloyd)

Question 4

, and a matter for the jury to decide

Answer 4

(Gold)

Question 5

If D was intoxicated at the time of the killing without an RMC, DR is unavailable

Answer 5

(Dowds)

Question 6

If D was intoxicated at the time of the killing with a pre-existing AMF, DR is available if the jury is satisfied that despite the drink, D’s AMF substantially impaired their responsibility

Answer 6

(Dietschmann)

Question 7

If D has an AMF caused by ADS and was intoxicated, DR is available as ADS will qualify as an RMC in its own right

Answer 7

(Stewart)