Diminished responsibility

Question 1

What type of defence is this?

Answer 1

• Partial

Question 2

Marine A

Answer 2

• In Afghanistan him and his team came across an injured Taliban and Marine A shot him.
• Appealed on the basis of DR

Question 3

Where did DM used to be found?

Answer 3

• Section 2 Homicide Act 1957

Question 4

Where is the amended DM found?

Answer 4

• Section 5(2) Coroners and Justice Act 2009

Question 5

Bernard Heginbotham

Answer 5

• Slit his wife’s throat in an act of love

- Mercy killing

Question 6

Iman Yousef

Answer 6

• Stabbed daughter and doused her in acid

- Claimed she had heard voices to make her do this (paranoid schizophrenia)

Question 7

What is the definition of DR under The Coroners and justice act 2009 ? (3 parts)

Answer 7

1- suffering an abnormality of mental functioning
2- Arising from a recognised medical condition which substantially impaired D’s ability to
-Understand nature of conduct
-Form a rational judgement
- Exercise self-control
3- AND provides an explanation for D’s acts and omissions in doing the killing

Question 8

Brennan 2014

Answer 8

• TJ should have removed murder charge from the jury as there was expert evidence to suggest DR existed
• therefore he successfully appealed

Question 9

Byrne 1960 (Leading case)

Answer 9

• D killed and mutilated V in youth hostile
• Claimed he could not control his perverted sexual urges
• Lord parker CJ on abnormality of the mind ‘ A state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal’

Question 10

What did Lord Parker CJ define abnormality of the mind as?

Answer 10

• ’ A state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal’

Question 11

Good thing about the amendment to abnormality of the mind to abnormality of mental functioning ?

Answer 11

• There is no longer the need for a medical expert too prove the abnormality

Question 12

What is a recognised medical condition?

Answer 12

• Determined by the world health organisation guidance

- Can also draw upon expert medical advice to determine this

Question 13

Dowds 2012

Answer 13

• Clarified status of world health guidance on what counts as a recognised illness
• D killed wife when drunk and argued acute intoxication was listed in the world health organisation and therefore was an illness
• Appeal failed

Question 14

What 3 elements are included in a substantial impairment of the mental functioning?

Answer 14

1- Understand nature of his conduct
2- Form a rational judgement
3- Exercise self control

• only one from this list is needed

Question 15

Seers 1984

Answer 15

• Defined substantial as a serious degree of impairment of mental responsibility
• Was overruled in Golds

Question 16

Lloyd 1966

Answer 16

• Defined substantial as anything more than trivial

- Overruled in Golds

Question 17

Golds 2016

Answer 17

• D killed partner and had a recognised medical condition that had SOME impact on his ability to exercise self control but not serious impact
• Current decisions on what substantial can be defined as
• It means important or weighty

Question 18

How much of an explanation should the abnormality be for D’s conduct?

Answer 18

• It should be a significant contributory factor

- It does not have to be the sole cause but must have contributed significantly

Question 19

Simester and sullivan 2016

Answer 19

• Killing someone in order to satisfy a drug addiction