Paper 1B Voluntary Manslaughter - Diminished Responsibility

Question 1

What type of defence is finished responsibility

Answer 1

Special and partial

Question 2

What is a special defence

Answer 2

One that applies to a certain offence

Question 3

What is a partial defence

Answer 3

One that leads to a partial acquittal, lowering the offence to the base crime

Question 4

Where is diminished responsibility contained

Answer 4

S.2 of the homicide act, 1957 amended by s.52 coroners and justice act 2009

Question 5

What is the sentence

Answer 5

The judge has discretion but it is up to a maximum of a life sentence

Question 6

What is diminished responsibilities burden of proof

Answer 6

The burden on proof is on the defence, it is on the balance of probabilities

Question 7

Diminished responsibility’s 4 part test

Answer 7

1.Abnormality of mental functioning
2recognised medical condition
3.substantially impairs D’s ability
4. Must provide an explanation for D’s conduct

Question 8

What is an abnormality of mental functioning

Answer 8

Byrne - a state of mind so different from that of the ordinary human being that the reasonable man would term it abnormal

Question 9

Recognised medical condition means

Answer 9

Physical, psychiatric, psychological condition affecting the stare of mind, it requires medical evidence

Question 10

Medical conditions are found

Answer 10

On the WHO directory

Question 11

Depression

Answer 11

Seers;gittens

Question 12

Paranoid personality disorder

Answer 12

Martin

Question 13

Battered woman’s syndrome

Answer 13

Ahluwalia

Question 14

Ptsd

Answer 14

Blackman

Question 15

substantially impaires D’s ability meaning

Answer 15

Byrne - it is for the jury to decide
Golds- if jury cannot decide, they are directed that substantial means ‘ significant or appreciable’ it must be ‘more than minimal or trivial’

Question 16

3 reasons for substantial impairment

Answer 16

Ability to understand the nature of his conduct
Ability to form rational judgement
Ability to exercise self control

Question 17

Ability to understand the nature of his conduct meaning

Answer 17

Covers situations D is in an automatic state and doesn’t know what they are doing eg delusions

Question 18

Ability to form rational judgement meaning

Answer 18

D doesn’t know the nature of his conduct, not able to form rational judgements

Question 19

Ability to exercise self control

Answer 19

Byrne - when he could not control his desire