diminshed responsibility Flashcards
(28 cards)
What is the definition of Diminished Responsibility?
A person who kills or is a party to killing is not to be convicted of murder if he was suffering from an abnormality of mental functioning that arose from a recognised medical condition.
What must the abnormality of mental functioning do?
It must substantially impair the defendant’s ability to understand the nature of their conduct, form a rational judgment, or exercise self-control.
Who decides whether there was substantial impairment?
Whether there was substantial impairment is for the jury to decide.
What is the significance of the case R v Byrne?
It provided the definition of abnormality of mental functioning.
What does R v Ahluwalia illustrate?
Battered Spouse Syndrome amounts to an abnormality of mental functioning.
What does R v Dowds state about severe intoxication?
Severe intoxication is not in itself an accepted medical condition that can be used for the Diminished Responsibility defence.
What does R v Wood establish regarding alcohol dependency?
Diminished Responsibility can be granted if the defendant suffered long-term brain damage due to years of alcohol abuse or if it was involuntary due to alcohol dependency syndrome.
What does R v Dierschman state about existing impairments?
If a person is already substantially impaired by an abnormality of mental functioning, they can still use Diminished Responsibility.
Define Diminished Responsibility
Diminished Responsibility is a legal defense that argues a defendant was not fully responsible for their actions due to a mental abnormality.
What does it mean to be Substantially Impaired?
To be Substantially Impaired means that the defendant’s mental functioning is significantly affected, impacting their ability to understand their conduct, form rational judgment, or exercise self-control.
Under which section must the abnormality provide an explanation for the defendant’s part in killing the victim?
Under Section 51, the abnormality must provide an explanation for the defendant’s part in killing the victim.
Can intoxication be used as a defense for Diminished Responsibility?
No, if the defendant was intoxicated, they cannot use the defense of diminished responsibility unless they were already significantly impaired by their abnormality.
What is a condition that allows a defendant to use the defense of Diminished Responsibility despite intoxication?
A defendant may use the defense of Diminished Responsibility if they have suffered brain damage from substance abuse or if their intoxication was involuntary due to alcohol.
What is the burden of proof in Diminished Responsibility cases?
The burden of proving Diminished Responsibility lies with the defendant.
What should be discussed if there are two or more people involved?
State who you will discuss first, whether there was an abnormality, and explain why or why not.
What should be identified regarding the recognized mental condition?
Identify the recognized mental condition that could cause the abnormality.
What does the impairment mean in terms of understanding conduct?
The impairment means the defendant could not understand the nature of their conduct, form rational judgment, or exercise self-control.
What is the relationship between intoxication and abnormality?
It must be determined whether the intoxication was the reason for the abnormality or if it was due to addiction.
Define Diminished Responsibility
Diminished Responsibility is a legal defense that argues a defendant was not fully responsible for their actions due to a mental abnormality.
What does it mean to be Substantially Impaired?
To be Substantially Impaired means that the defendant’s mental functioning is significantly affected, impacting their ability to understand their conduct, form rational judgment, or exercise self-control.
Under which section must the abnormality provide an explanation for the defendant’s part in killing the victim?
Under Section 51, the abnormality must provide an explanation for the defendant’s part in killing the victim.
Can intoxication be used as a defense for Diminished Responsibility?
No, if the defendant was intoxicated, they cannot use the defense of diminished responsibility unless they were already significantly impaired by their abnormality.
What is a condition that allows a defendant to use the defense of Diminished Responsibility despite intoxication?
A defendant may use the defense of Diminished Responsibility if they have suffered brain damage from substance abuse or if their intoxication was involuntary due to alcohol.
What is the burden of proof in Diminished Responsibility cases?
The burden of proving Diminished Responsibility lies with the defendant.
