Diminshed responsiblity

Question 1

is diminished responsibility a defence or a crime?

Answer 1

defence

Question 2

what is diminished responsibility?

Answer 2

D is suffering from a mental health issue

Question 3

what act provides the 3 stage test for diminished responsibility?

Answer 3

s52 Coroners and Justice Act 2009

Question 4

stage 1 - diminished responsibility

Answer 4

D must be suffering from an abnormality of mental functioning which arose from a recognised medical condition

Byrne - defined abnormality of mental functioning as a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal

Question 5

examples of a recognised medical condition

Answer 5

battered wives syndrome - hobson

epilepsy- campbell

chronic depression - seers

pre - menstrual tension- smith

drug/alcohol dependency syndrome- stewart

paranoia / personality disorder - martin

irresistible impulses - byrne

Question 6

what must be provided at trail for medical conditions? and who decides if this is efficient?

Answer 6

evidence must be presented at trial, it is still up to the jury to decide if the medical evidence is efficient

Question 7

stage 2 - diminished responsibility

Answer 7

the abnormality must substantially impair the D’s ability to (Golds - the abnormality has to be weighty, not trivial) form rational decisions, understand the nature of their actions or exercise self control

Question 8

stage 3 - diminished responsibility

Answer 8

D’s abnormality must provide an explanation for the killing

s2 (1) B (Amended) Homicide Act 1957 states that the abnormality must be a significant contributory factor in causing the D to carry out the killing

Question 9

stage 3 - diminished responsibility- side rule

Answer 9

SIDE RULE - Intoxication / drugs- Dietschmann – if D was suffering from an
abnormality and was intoxicated at the same time the jury must ignore the
drinking and consider the abnormality alone.