Diminished Responsibility

Question 0

1. Abnormality of mental functioning case and definition?

Answer 0

A state of mind so different from that of an ordinary human being that a reasonable man would term it abnormal- r v Byrne
- irresistible impulses are capable of amounting to diminished responsibility

Question 1

S2 of the homocide act 1957 amended by coroners and justice act states diminished responsibility as?

Answer 1

A person kills suffering from such an abnormality of mental functioning from a recognised medical condition as to substantially impair his ability for 1/3 things and provides explanations for his acts or omissions in the killing

Question 2

2. Recognised medical condition (RMC)

Case law to provide rmc examples

Answer 2

R v Martin - paranoid personality
R v Ahluwahlia - battered woman syndrome
R v Tandy - alcoholism may damage brain
Disease - including physical disease 
Inherent- psychopathy, epilepsy, 
R v Seers - depression

Question 3

Alcohol dependany in terms of RMC

Answer 3

Desire to drink
Difficulty controlling when and how much they drink
Avoiding withdrawal symptoms
Increased tolerance
Neglecting things

R v Wood- alcohol dependency is an RMC
Di Duca - immediate affects of alcohol are not RMC

Question 4

3. Substantially impair d’s ability to do 1/3 things

Answer 4

Understand the nature of his conduct
Exercise self control
Form a rational judgement
R v Lloyd - substantial means more than trivial but less than total

Jury to be asked: was mental responsibility impaired? And if so, was it substantially impaired?

Question 5

4. Provides an explanation for d’s conduct

Answer 5

S1(b)

R v Dietschmann - the abnormality need not be the sole cause but a significant contributory factor