how is diminished responsibility defined
s2 homicide act 1957, amended by the coroners and justice act 2009
byrne
An abnormality of mental functioning is when D’s mental functioning is so different from that of an ordinary person’s that a reasonable person would call it ‘abnormal’
case for paranoid personality disorder?
martin
battered womens syndrome
ahluwalia
case for depression
seers
case for extreme stress
brown
case for schizophrenia
edgington
case for diabetes
hennessy
Di duca?
Being intoxicated is NOT a recognised medical condition
Wood?
dependency syndromes/addiction is a recognised medical condition
Tandy
RMC caused by using alcohol or drugs (brain damamge) are still RMC’s
R v Golds
a substantial impairment means that the abnormality has more than minimal impact to D’s ability to understand the nature of their conduct, form a rational judgment or exercise self control
what are the 3 things that can be impaired
understand the nature of their conduct
forming a rational judgement
excersing self control
example of nature of conduct
delusions- thinks that they are killing an alien when they are killing a human
example of forming a rational judgement
thinks its ok to kill humans bc they r evil
example of not exercising self control
psychpaths
Section 2(1B) of the homicide act 1957
D’s abnormality explains D’s conduct when it causes or
is a significant contributory factor in causing D to kill
Dietschmann?
d’s abnormality doesnt need to be the only reason why they kill, just a sig part of why