Diminished resp.

• What type of defence is diminished responsibility?

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

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

  Reduces it to voluntary manslaughter
• What is the source for the law on diminished responsibility?

  s52 of the Coroners and Justice Act 2009
• What is the four stage test for diminished responsibility?

  1. Abnormality of mental functioning
  2. A recognised medical condition
  3. A substantial impairment
  4. Explains defendants act or omission in killing (Causation)
• What section is the "Abnormality of mental functioning" part found?

  s52(1)
• What section is the "Recognised medical condition" part found?

  s52(1)(a)
• What section is the "Substantial impairment" part found in?

  s52(1)(b)
• What section is the "Explains defendant's act or omission in killing" part found in?

  s52(1B)
• What does R v Byrne define "Abnormality of mental functioning" as?

  A state of mind so different to that of a normal human being that an ordinary person would deem it abnormal
• Where are recognised medical conditions found?

  In the WHO Classification of diseases
• What is the recognised medical condition from Hobson?

  Battered wives syndrome
• What is the recognised medical condition from Stewart?

  Alcoholism
• What does Dowds state about recognised medical conditions?

  Just because a condition appears in the list does not neccesarily mean that it is capable of being relied upon to show an abnormality of mental functioning
• What must the substantial impairment have done?

  Must have substantially impaired the defendant's ability to:

  • Understand what they are doing; or
  • Form a rational judgement; or
  • Exercise self control
• What does Gold define "Substantial" as?

  Big or large
• What must the abnormality that "Explains defendant's act or omission in killing" be?

  Needs to be a significant contributory factor but not the only one

  More than a minimal cause(Legal causation)

  'But for' (Factual causation)
• Where will the defence of diminished responsibility not succeed?


  Where the defendant's mental condition made no difference to their behaviour
• Do the effects of alcohol amount to an abnormality of mental functioning?

  No
• Intoxication = no abnormality
• When might a defendant be able to show diminished responsibility from alcohol?

  Brain damage caused by alcohol
• What does R v Wood say about alcoholism?

  If the defendant is involuntarily intoxicated (Chronic alcoholism) then there is a recognised medical condition
• What does R v Dietschmann say about intoxication?

  If the defendant's mental abnormality impaired his mental responsibility despite drinking alcohol - intoxication is irrelevant (Only focus on abnormality)