Diminished responsibility

• What type of defence is diminished responsibility?

  A partial defence
• What offence is diminished responsibility a defence to?

  Murder
• What effect does the partial defence of diminished responsibility have on a charge of murder?

  Reduces it to voluntary manslaughter
• Where is the law on diminished responsibility found?

  s52 Coroners and Justice Act 2009
• What section of the Coroners and Justice Act 2009 is "Abnormality of Mental Functioning" found for diminished responsibility?

  s52 (1)
• What section of the Coroners and Justice Act 2009 is "Recognised Medical Condition" found for diminished responsibility?


  s52 (1)(a)
• What section of the Coroners and Justice Act 2009 is "Substantial Impairment" found for diminished responsibility?


  s52 (1)(b)
• What section of the Coroners and Justice Act 2009 is "Explains D's act or omission in killing" found for diminished responsibility?

  s52 (1B)
• What is the four stage test for diminished responsibility?

  1 ) Abnormality of mental functioning

  2 ) Recognised medical condition

  3 ) Substantial impairment

  4 ) Explains D's act/omission in killing
• What is the definition of an "Abnormality of Mental Functioning" for diminished responsibility stated in "R v Byrne"?

  A state of mind so different from that of a normal human being that an ordinary person would deem it abnormal
• What case provides the definition for an "Abnormality of Mental Functioning" for diminished responsibility?

  R v Byrne
• What can a "Recognised Medical Condition" be for diminished responsibility?

  A physical or mental condition in the WHO classification of diseases
• What are two recognised medical conditions found in the WHO classification of diseases for diminished responsibility?

  Battered wives syndrome and Alcoholism
• What is the case for "Battered Wives Syndrome" in relation to "Recognised Medical Conditions" for diminished responsibility?

  R v Hobson
• What is the case for "Alcoholism" in relation to "Recognised Medical Conditions" for diminished responsibility?

  R v Stewart
• What must the abnormality have done as a "Substantial Impairment" for diminished responsibility?

  Must have impaired the D's ability to: 1 ) Understand what they're doing OR 2 ) Form a rational judgement OR 3 ) Exercise self control
• What case defines "Substantial" as big or large in terms of diminished responsibility?

  R v Gold
• What is "Substantial" defined as in R v Gold in terms of diminished responsibility?

  Big or large
• What is "Explains D's act or omission in killing" in diminished responsibility?

  The abnormality must be a significant contributory factor but not the only one (Causation)
• Where should the defence of diminished responsibility not suceed?

  Where the D's mental condition made no difference to their behaviour (they would've killed regardless) or Where the D. is intoxicated
• Where might the defendant be able to plea diminished responsibility from alcohol?

  Where the long term effects of intoxication can be proven
• What case states that alcholism may allow a defendant to plea diminished responsibility?

  R v Wood