Diminshed Responsibilty

Question 1

Which act modified DR

Answer 1

S52 coroners and justice act 2009

Question 2

What type of defence is DR

Answer 2

Partial defence available for murder only

Question 3

What does a successful defence of DR allow

Answer 3

Murder to be reduced to voluntary manslaughter so gives judge discretion to the sentence

Question 4

Who must prove DR and on the balance of what

Answer 4

Defendant on the balance of probabilities

Question 5

What are the 4 elements for DR

Answer 5

Abnormality of mental functioning
Which arises from a recognised medical condition
The abnormality of mental functioning must have substantially impaired the defendants ability to access the gateways
Abnormality of mental functioning provides an explanation for Ds acts or omissions in doing the killing

Question 6

First element

Answer 6

Abnormality of mental functioning

Question 7

What does abnormality of mental functioning mean as defined in Byrne

Answer 7

A state of mind so different from that of an ordinary human being that the reasonable man would term it abnormal”

Question 8

How is an abnormality of mental functioning established

Answer 8

Medical evidence but jury ultimately decide as they have jury equity

Question 9

Second element

Answer 9

Arises from a medical condition

Question 10

Is there a definition of medical condition in the act

Answer 10

No

Question 11

What do the CPS rely on for medical conditions

Answer 11

W.H.O ICD-10 lists (internationally defined lists)

Question 12

Who does developmental immaturity apply to

Answer 12

Over 18s only

Question 13

Does medical conditions apply to everyday emotions

Answer 13

No

Question 14

Are mental illnesses included

Answer 14

Yes

Question 15

Which act does abnormality of mental functions feature in

Answer 15

Homicide act

Question 16

Which case indicated depression is a medical condition

Answer 16

R v seers

Question 17

Which case indicated pre-menstrual tension is a medical condition

Answer 17

R v smith

Question 18

Which case indicated batter spouse syndrome is a medical condition

Answer 18

R v Hobson

Question 19

Which case indicated schizophrenia is a medical condition

Answer 19

Erskine

Question 20

Which case indicated Asperger is a medical condition

Answer 20

Jama

Question 21

Which case indicated paranoia is a medical condition

Answer 21

Martin

Question 22

Which case indicated epilepsy is a medical condition

Answer 22

Campbell

Question 23

When will mercy killers have access to DR

Answer 23

If d has developed a depressive illness or rational thinking has been distorted by V repeated requests for relief from sufferings

Question 24

3rd element for a defence of DR

Answer 24

The abnormality of mental functioning must have substantially imported the defendants ability to do access one or more of the gateways

Question 25

Name the 3 gateways

Answer 25

Understand his/her control Form a rational judgement Exercise self control

Question 26

What did r v Lloyd 1967 say

Answer 26

Impairment need not be total For the impairment to be substantial it must be more than tribal or minimal but there must be medical evidence used to support this

Question 27

Which case confirmed Lloyd

Answer 27

Brown 2012 using new law

Question 28

4th element to DR

Answer 28

the abnormality of medical functioning provides an explanation for Ds acts and omissions in doing the killing

Question 29

When was the 4th gateway added

Answer 29

In 2009 by the coroners and justice act

Question 30

D must have this type of link

Answer 30

Causal

Question 31

Who does the jury rely on to know if d had causation

Answer 31

Psychiatrist

Question 32

Case for abnormality of mental functioning not providing an explanation

Answer 32

R v Byrne

Question 33

Case r v Byrne

Answer 33

Rape, strangled and mutilated a girl, was a sexual psychopath. Conviction quashed by c of a

Question 34

Under current law would Byrne be convicted

Answer 34

Yes as his abnormality of mental functioning did not cause him to kill the girl

Question 35

How is DR different form insanity

Answer 35

Allows for irresistible impulses unlike insanity. For insanity d must realise what he is doing is wrong he has no defence even if he is unable to exercise self control

Question 36

Can intoxication support a defence of DR

Answer 36

No

Question 37

Where was DR introduced

Answer 37

S2 homicide act 1957

Question 38

What did dowds 2012 state

Answer 38

Intoxication alone cannot support a defence of intoxication

Question 39

What does r v gittens say

Answer 39

If there is a combination of factors as long as an apron amity of mental functioning is still present when intoxication is removed a defence of DR may still be available

Question 40

Case that confirmed r v gitten

Answer 40

Dietschman

Question 41

Which cases followed dietschman

Answer 41

Hendy (intoxication and brain damage and psychopathic disorder) Robson (intoxication and acute stress disorder)

Question 42

When can intoxication allow for a defence of DR

Answer 42

When intoxication is due to addiction or dependency

Question 43

What came from r v Tandy

Answer 43

If drinking is voluntary there is no defence of DR also there was no brain damage

Question 44

What did r v wood indicate

Answer 44

Not all of d's drinking needs to be involuntary and d can still have a defence as long as any involuntary drinking caused an a of my at the time of killing that substantially impaired his ability to access the gateways

Question 45

Who confirmed r v wood

Answer 45

R v Stewart Suffering ads was not automatically a defence of DR the extent must be looked at but a jury many find an a of my If jury finds ads caused a of my was d's responsibility substantially impaired?