Diminished responsibility

Cards (7)

    1. Was D suffering an abnormality of mental functioning (R v Byrne)
  • 2. Did the abnormality of mental functioning arise from a recognised medical condition
  • 3. Does the abnormality of mental functioning substantially impair (weaken) the defendants' mental responsibility so he does not understand the nature of his conduct, OR cannot form rational judgments OR cannot exercise self-control.
  • 4. Does D's abnormality of mental functioning provide an explanation as to why D was party to the killing
  • 5. Are there any issues on Intocxication (R v Wood)
  • 6. If DR is successful, D will be guilty of voluntary manslaughter rather than murder and the Judge has discretion as to what sentence to pass
  • First identify DR as a partial defence to murder under S.52 of the Coroners and Justice Act 2009