DIMINISHED RESPONSIBILITY

• What is diminished responsibility?

  DR reduces your level of responsibility because of mental health issues
• What is the sentence for DR?

  Maximum life - hospital order
• What act defined DR and then amended it?

  S2(1) Homicide Act 1957

  amended by S52 Coroners and Justice Act 2009
• What is the standard of proof?

  ‘balance of probability’
• What is the first point for no intoxication?

  The D must suffer from ‘an abnormality of mental functioning’ at the time of the killing - R v Byrne
• What is the definition of Abnormality of mind and what case defined it?

  R v Byrne - a state of mind so different from that of an ordinary human being that a reasonable man would term it abnormal
• What is the 2nd point for no intoxication?

  The AMF must arise from a ‘recognised medical condition‘ - World Health Organisation
• What is the 3rd point for no intoxication?

  The AMF must (substantially) impair the D’s ability to either understand the nature of their conduct, form a rational judgement or exercise self-control

  Byrne - jury to decide
• How did the case of Lloyd define the term ‘substantial’ 


  Doesn’t mean total, trivial or minimal but in between
• What case confirmed Byrne and Lloyd that ‘substantially’ doesn’t need explaining?

  Golds
• What is the 4th point for no intoxication?

  The AMF and the D’s conduct should have a casual connection
• What are the 3 possibilities to consider for DR with intoxication?

  the D was intoxicated at the time of the killing

  the D suffers from a AMF

  the D’s long term alcohol/ drug abuse has led to a recognised medical condition which causes an AMF
• What is the 1st point for with intoxication?

  Intoxication on its own is NOT enough - the defence requires that the AMF must be a recognised medical condition and intoxication is not one - CJA 2009 - confirmed in Dowds
• What is the 2nd point for with intoxication?

  The jury should disregard the intoxication and focus on whether the AMF by itself substantially impaired the D’s ability to:

  1. understand the nature of D’s conduct
  2. form a rational judgement

  3. exercise self-control

  Dietschmann
• What is the 3rd point for with intoxication?

  Alcohol dependency syndrome - a person can’t control their drinking which amounts to an AMF in its own right and can be used as a basis for the defence of DR - Wood
• What tests did the case of Wood state for ADS? 


  Is the drinking due to an addiction?

  is it voluntary or involuntary? - has to involuntary to use this defence
• What case couldn‘t use this defence as the drinking was voluntary?

  Tandy
• What case gave us the rules for ADS?

  Stewart
• What are the rules for ADS?

  Was the D suffering from an AMF?

  was the D’s AMF caused by the ADS? - vol or invol = addiction

  was the D’s ability to do any of the things in subsection 1(A) substantially impaired?