Impairments

Question 1

What must the defendants abnormality of mental functioning cause a substantial impairment to?

Answer 1

The impairment must be to one or more of the defendants ability to:
1)Understand their conduct
2)Form a rational judgement
3)Exercise self control

Question 2

Understand their conduct

Answer 2

This refers to whether the defendant understood what they were physically doing at the time of the offence. If the defendant does not understand the nature of their actions due to a mental condition, this ability may be impaired. In R v Byrne the defendant suffered from abnormal sexual impulses which affected his ability to control and understand his actions.

Question 3

Form a rational judgement

Answer 3

This refers to whether the defendant was able to think rationally and properly judge the situation. A defendant may be unable to form rational judgments if they suffer from delusions, paranoia, or severe depression. In R v Dietschmann the defendant’s depressive disorder impaired his ability to think rationally.

Question 4

Exercise self-control

Answer 4

This refers to whether the defendant was able to control their behaviour or impulses. Some mental conditions may affect a person’s ability to resist urges or control their actions. In R v Byrne the defendant’s abnormal sexual impulses meant he struggled to control his actions.