diminished responsibility

Cards (13)

  • What is diminished responsibility in legal terms?
    It refers to an abnormality of mental functioning, caused by a recognised medical condition
  • What causes an abnormality of mental functioning?
    It is caused by a recognised medical condition.
  • How does diminished responsibility affect a defendant's understanding of their actions?
    It causes the defendant to not understand the nature of their conduct
  • What abilities are impaired due to diminished responsibility?
    It impairs the ability to exercise self-control or form rational judgment.
  • What does the case of Dietschmann establish regarding intoxication?

    Intoxication doesn't affect the offence as long as it doesn't contribute to impairment.
  • What does the case of Wood state about alcohol dependency syndrome?
    Intoxication from alcohol dependency syndrome is considered diminished responsibility.
  • How is mental illness defined in the case of Wilcocks?
    Mental illness is considered an abnormality of mental functioning, such as schizophrenia.
  • What is required for significant impairment according to Moyle?
    There must be significant impairment of mental functioning.
  • What does Golds state about the level of impairment for diminished responsibility?

    The impairment must be more than trivial or minimal.
  • What does S2 of the Homicide Act 1957 pertain to?

    It pertains to the definition of diminished responsibility.
  • How was the Homicide Act 1957 amended?
    It was amended by S52 of the Coroners and Justice Act 2009.
  • What are the key components of diminished responsibility?
    • Abnormality of mental functioning
    • Caused by a recognised medical condition
    • Impairs understanding the nature of their conduct, ability to excercise self-control, or form rational judgment
  • How do the cases of Dietschmann, Wood, Wilcocks, Moyle, and Golds contribute to the understanding of diminished responsibility?
    • Dietschmann: Intoxication must not contribute to impairment
    • Wood: Alcohol dependency syndrome qualifies for diminished responsibility
    • Wilcocks: Mental illness is an abnormality of mental functioning
    • Moyle: Significant impairment is necessary
    • Golds: Impairment must be more than trivial/minimal