Fatal Offences - Diminished Responsibility - Paper 1

Question 1

When will D be able to use the defence of diminished responsibility?

Answer 1

If they are suffering from a mental health issue

Question 2

Which Act of Parliament sets out the 3 stage test for diminished responsibility?

Answer 2

Section 52 Coroners & Justice Act 2009

Question 3

What is Stage 1 of DR?

Answer 3

D must be suffering from an abnormality of mental functioning which arose from a recognised medical condition

Question 4

What is the definition of abnormality of mental functioning?

Answer 4

A state of mind so different from that of ordinary human beings that a reasonable person would term it abnormal

Question 5

Which case defined abnormality of mental functioning?

Answer 5

Byrne

Question 6

What are the examples of recognised medical condition?

Answer 6

Battered Wives/Spouse Syndrome (Ahluwalia)
Epilepsy (Campbell)
Chronic Depression (Seers)
Alcohol Dependency Syndrome (Tandy)
Schizophrenia (Kay)
Personality Disorder (Martin)
Autism (Conroy)

Question 7

What is Stage 2 of DR?

Answer 7

The abnormality of mental functioning must substantially impair D’s ability to do one or more of the following: understand the nature of their conduct, form a rational judgement, or exercise self-control

Question 8

What was the decision in Golds?

Answer 8

Substantial impairment must be ‘weighty, not trivial’

Question 9

What is Stage 3 of DR?

Answer 9

D’s abnormality must provide an explanation for the killing

Question 10

What does Section 2(1)(B) Amended Homicide Act 1957 state?

Answer 10

The abnormality will provide an explanation for the killing if it was a significant contributory factor to D doing what they did

Question 11

What was the decision in Dietschmann?

Answer 11

If D was suffering from an abnormality and was intoxicated at the same time the jury must ignore the drinking and consider the abnormality alone

Question 12

If the defence succeeds, what will happen to the D?

Answer 12

The D’s murder charge will drop to voluntary manslaughter and will give the judge discretion with their sentence.