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?
Abnormality of mental functioning
A recognised medical condition
A substantial impairment
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 conditionappears 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 significantcontributoryfactor 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 abnormalityimpaired his mental responsibility despite drinking alcohol - intoxication is irrelevant (Only focus on abnormality)