FO: Diminished responsibility

Question 1

Define Diminished responsibility

Answer 1

DR is detailed under s52 of the coroners and justice act 2009, this is a special and partial defence to murder which will reduce liability to voluntary manslaughter.

Question 2

Define when DR is successful

Answer 2

A person will not be guilty of murder if they are suffering from diminished responsibility, instead their liability will be reduced to voluntary manslaughter.

Question 3

Explain S52(1) AMF + case example

Answer 3

AMF Refers to a state of mind that is so different from that of the typical human that a reasonable person would consider it abnormal
(R v Byrne)

Question 4

Explain S52(1) (a) RMC + case example

Answer 4

This is a medical condition recognised by the world health organisation.
e.g. Depression ( R v Potts) PTSD ( R V Janiszewski) Schizophrenia ( R v Jenkin)

Question 5

Explain S52(1) (b) SI + Case example

Answer 5

1. To understand the nature of his own conduct
2. To form a rational judgement
3. To exercise self control
   ( R v Lloyd and R v Gold)

Question 6

Explain Substantial

Answer 6

Not total but not trivial (R v Lloyd) and a matter for the jury to decide (R v Gold)

Question 7

Explain S52(1) (c) Provide an explanation

Answer 7

But for the abnormality of mental functioning would D have killed V?

Question 8

Explain Intoxication rules in R v Dowds

Answer 8

No AMF and intoxication means the DR will not be available

Question 9

Explain Intoxication rules in R v Dietschmann

Answer 9

AMF and intoxication means DR will be available if the jury is satisfied that despite the drink, D s mental abnormality substantially impair his mental responsibility for his factual acts.

Question 10

Explain Intoxication rules in R v Stewart

Answer 10

AMF caused by ADS and intoxicated means DR will be available.
1. Was the D suffering from AMF. This will depends on the severity and nature of the ADS
2. Was the Ds AMF cause by ADS
3. Was the ds Mental responsibility substantially impaired