diminished responsibility

• in terms of element one, what is the significance of the case of r v byrne?

  It shows that perverted sexual desires can count under diminished responsibility
• what does it mean if the D's ability to excercise self control has been significantly impaired?

  The D may not be able to regulate their actions due to a lack of capacity.
• What does it mean if the D's ability to form a rational judgment is substancially impaired??

  This means that the D's ability to make a logical, and reasonable choice has been comprimised due to the impairment
• What does it mean if the D's ability to understand the nature of their conduct is substantially impaired??

  It means that the D doesnt know what they are doing due to a delusion. It also includes people with severe learning disabilities or those with a low mental age
• What does it mean that there is a casuational link/explanation for the D's actions and the AOM (Abnormality of the mind)??

  This means that in terms of legal causation and factual causation that the AOM was the reason of the actions taken
• What does section 2(1) of the homicide act 1957 say??

  A person who kills or is a party to the killing of another is not to be convicted of murder if he was suffering from an abnormality of mental functioning.
• What is element one of diminished responsibility??

  There must be an abnormality of mental functioning which arises from a recognised medical condition, medical evidence proves it.
• What is meant by a substancial impairment??

  It is something for the jury to decide, however substancial means more than trivial but it neednt be total
• What is the definition of an abnormality of the mind (AOM)?

  A state of mind so different to that of the ordinary being that a reasonable person would find it abnormal
• What is the outcome of sucessfully pleading diminished responsibility??

  Instead of murder, the conviction is reduced to voluntary manslaughter
• What is the second element of DIminished responsibility??

  The AOM must substantially impair the D's ability to do one of the following:

  Understand the nature of their conduct

  Form a rational judgement

  Excercise self control
• What is the significance of the case of ahluwalia??

  the courts recognised battered person syndrome as a medically recognised condition for element 2 of diminished responsbility
• What is the significance of the case of r v dietschmann??

  It shows that someone who is intoxicated can use DR as a defence to murder if they can prove that it was an Abornmality Of the Mind that caused their actions and not intoxication
• What is the significance of the case of r v gittens 1984??

  It allows chronic depression as a condition for DR
• what is the significance of the case of r v seers??

  It allowed chronic reactive depression under diminished responsibility
• What is the significance of the case of r v smith 1982 in terms of DR??

  It allowed pre-menstrual tension as a condition for DR
• What is the significance of the case of r v stewart??

  It raised a three point test for people who want to use DR
• What is the significance of the case of Tandy??

  It allowed Alcohol dependence syndrome as a recognised medical condition for DR
• What is the significance of the case of Wood??

  It shows that Alcohol dependency syndrome can be used as an AOM.
• What is the third element of DR??

  There is an explanation, a causational link between the D's actions and the AOM
• What legislations covers diminished responsibility?

  Originally Section 2 of the homicide act 1952, now amended by section 52 of the coroners and justice act 2009
• What type of defence is diminished responsibility??

  A partial defence
• What was the three point test put forwards by the case of r v stewart??

  One) Was The D suffering from an AOM?

  Two) Was the AOM caused by alcohol dependency syndrome (ADS)?

  Three) If the D was suffering from ADS, did it substancially impair their mental responsibility?
• What case gave the definition of what an abnormality of the mind is?

  R v Byrne
• Why can intoxication be not used as a recognised medical condition in DR??

  The immediate effects of a substance isnt an injury, even if there is an immediate effect on the brain
• what offence can diminished responsibility be used for, and only used for?

  Murder