Diminished responsibility

Question 1

Where is diminished responsibility defined?

Answer 1

S.2(1) Homicide Act 1957 as amended by the Coroners and Justice Act 2009

Question 2

A person can use the defence of diminished responsibility if…

Answer 2

he kills while suffering an abnormality of mental functioning which arose from a recognised medical condition and substantially impaired D’s ability to understand the nature of his conduct, form a rational judgement, or exercise self-control, and provides an explanation for D’s acts and omissions

Question 3

Byrne 1960

Answer 3

‘abnormality of mental functioning’ is ‘a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal’

Question 4

‘abnormality of mental functioning’ is ‘a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal’

Answer 4

Byrne 1960

Question 5

What must the mental impairment do?

Answer 5

Lead D to behave in a way that is ‘substantially’ abnormal

Question 6

The abnormality of mental functioning must prevent D from doing one of these 3

Answer 6

• Understand the nature of his conduct
• Form a rational judgement
• Exercise self-control

Question 7

Abnormality of mental functioning must affect ‘the mind’s activities in all its aspects’

Answer 7

Byrne 1960

Question 8

The fact that the decision was bad or immoral does not make it…

Answer 8

Irrational

Question 9

Irrational does NOT mean…

Answer 9

• bad
• immoral

Question 10

Dowds 2012

Answer 10

voluntary intoxication is not a recognised medical condition

Question 11

voluntary intoxication is not a recognised medical condition

Answer 11

Dowds 2012

Question 12

Dietschmann 2003

Answer 12

• If D has a medical condition and is voluntarily intoxicated, the effects of intoxication must be ignored
• must determine whether the abnormality of mental function led to D’s behaviour

Question 13

• If D has a medical condition and is voluntarily intoxicated, the effects of intoxication must be ignored
• must determine whether the abnormality of mental function led to D’s behaviour

Answer 13

Dietschmann 2003

Question 14

Alcohol Dependency Syndrome (ADS)

Answer 14

• recognised medical condition
• involuntary intoxication

Question 15

Elements of diminished responsibility

Answer 15

• abnormality of mental functioning
• caused by a recognised medical condition
• substantial impairment of mental functioning

Question 16

voluntary intoxication is insufficient unless it causes a disease of the mind

Answer 16

Tandy 1989

Question 17

Tandy 1989

Answer 17

voluntary intoxication is insufficient unless it causes a disease of the mind

Question 18

S.2(1)(a)

Answer 18

abnormality of mental functioning must arise from a recognised medical condition

Question 19

S.2(1)(b)

Answer 19

Must substantially impair D’s ability to understand the nature of his conduct, form a rational judgement or exercise self-control

Question 20

S.2(1)(c)

Answer 20

Must provide an explanation for D’s act

Question 21

What kind of defence is diminished responsibility?

Answer 21

• reverse onus
• partial defence

Question 22

What does reverse onus mean?

Answer 22

D has the burden of proof

Question 23

‘substantial’ is ‘something important or weighty’

Answer 23

Golds 2016

Question 24

Golds 2016

Answer 24

‘substantial’ is ‘something important or weighty’