Dimished Responsibility

Question 1

What defence can be argued?

Answer 1

Voluntary manslaughter - diminished responsibility

Question 2

What section and act is diminished responsibility defined under?

Answer 2

Section 52 Coroners and Justice act 2009

Question 3

How many stages are there?

Answer 3

3

Question 4

What’s stage 1?

Answer 4

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

Question 5

What does Byrne define it as?

Answer 5

He says an abnormality of mental functioning as “a state or mind do different from that of ordinary human beings that that the reasonable person would term it abnormal”

Question 6

Severe depression

Answer 6

Seers

Question 7

PMT

Answer 7

Smith

Question 8

Battered wives syndrome

Answer 8

Hobson

Question 9

Epilepsy

Answer 9

Campbell

Question 10

Paranoia/personality disorder

Answer 10

Martin

Question 11

Irresistible impulses

Answer 11

Byrne

Question 12

Alcohol dependency syndrome

Answer 12

Stewart

Question 13

What’s stage 2?

Answer 13

The abnormality of mental functioning must have substantially impaired D’s ability to understand the nature of their conduct, form rational judgements or excercise self control

Question 14

What should substantial impairment must be and what case?

Answer 14

Weighty, not trivial (golds)

Question 15

What’s stage 3?

Answer 15

The abnormality must be the reason for the killing

Question 16

S._ () () - (Amended) ___ Act __.

Answer 16

S.2 (1) (B) - (Amended) Homicide Act 1957

Question 17

What does the amended homicide act say?

Answer 17

The abnormality must have a significant contributory factor in the killing of V (meaning D only killed because of their abnormality)

Question 18

What’s the last side rule and what’s the case?

Answer 18

Intoxication (Dietschmann)