Diminished resp.

Cards (23)

  • 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)