provides an explanatioon for the defendant's conduct

• the defendantr needs to prove thatr the abnormality of mental functioning provided an explanation for their actions and or omissions in doing or being party to a killing.
• There must be a causal connection between the abnormality of mental functioning and the killing. However, the abnormality needn't be the only factor that caused the defendant to be involved or do the killing. it must be a significant factor.
• what is the significance of the case of r v dowds?

  It shows that intoxication alone cannot support the defence of diminished responsibility.
• what case shows how intoxication alone cannot support a defence of diminished responsibility?

  r v dowds
• what is the significance of the cases of r v Dietschmann and r v Kay

  Where someone is intoxicated and trying to plead diminished responsibility, they must prove that the defendant had an abnormality of mental functioning that substantially impaired their mental responsibility for the acts or omissions, and not because they were intoxicated.
• what cases show that Where someone is intoxicated and trying to plead diminished responsibility, they must prove that the defendant had an abnormality of mental functioning that substantially impaired their mental responsibility for the acts or omissions, and not because they were intoxicated?

  r v dietschmann and r v kay
• what is the significance of the case of r v tandy?

  It shows that if someone was suffering from alcohol dependency syndrome, they may be able to plead diminished responsibility.
• what is the significance of the case of r v stewart?

  It gives a three stage test for juries to consider if a defendant who is suffering from alcohol dependency syndrome and wants to plead diminished responsibility.
• which case gives a three stage test for juries to consider if a defendant who is suffering from alcohol dependency syndrome and wants to plead diminished responsibility?

  r v Stewart
• the 3-stage test set by r Stewart is:

  1. Was the defendant suffering from an abnormality of the mind- the nature and extent of the alcohol dependency syndrome must be considered, ADS on its own would not be considered.
  2. If they were, was the abnormality of mental functioning caused by alcohol dependency syndrome?
  3. If the abnormality of mental functioning was caused by alcohol dependency syndrome, was the defendant's mental responsibility impaired? This would include the extent and seriousness of the dependency and control over their drinking.