Voluntary Manslaughter - Diminished Responsibility 2

Question 1

To which offence(s) is diminished responsibility a partial defence?

Answer 1

murder

Question 2

What is the effect of a succesful plea of diminished responsibility?

Answer 2

reduces a murder conviction to voluntary manslaughter

Question 3

Where was the defence of diminished responsibility originally set out?

Answer 3

s.2 Homicide Act 1957

Question 4

Which section of the Coroners and Justice Act 2009 amended the defence of diminished responsibility?

Answer 4

s.52

Question 5

What act and section amended the s.2 Homicide Act 1957 for diminished responsibility?

Answer 5

the Coroners and Justice Act 2009 s.52

Question 6

What are the three possible aspects of D’s mind that the abnormality must affect?

Answer 6

1. to understand their conduct
2. to form a rational judgement
3. to exercise self-control

Question 7

According to the case of Golds 2016, what is meant by substantial impairment?

Answer 7

the impairment must be merely trivial, but D’s mental functioning does not need to be totally impaired

Question 8

What case helped define that substantial impairment must be merely trivial, and does not need to be totally impaired?

Answer 8

Golds 2016

Question 9

According to the old case of Byrne, what is meant by the term abnormality of mind?

Answer 9

a state of mind so diffderent from that of an ordinary human that the reasonable person deems it abnormal

Question 10

How much of a contributory factor must D’s abnormality / impairment be to his or her taking part in the killing?

Answer 10

D has to prove that the abnormality of mental functioning provides an explanation for the act or omission.

Question 11

What are the key elements of the defence of diminished responsibility?

Answer 11

1) abnormality of mental functioning
2) recognised medical condition
3) substantial impairment
4) explains the killing