Diminished Responsibility 0.0 / 5 ? LawCriminal lawA2/A-levelAQA Created by: Emilyharvey99Created on: 08-12-16 13:58 What act allows for Diminished Responsibility? The homicide Act 1957 S.2 Amended by the Coroners and Justice Act 2009 1 of 21 `What elements does D need to satisfy to successfully use Diminished Responsibility? Abnormality of the mind, Recognised medical condition, Substantial impairment, provide explanation for D's act 2 of 21 What is the new test for Abnormality of the mind? A State of mind so different from that of an ordinary man that the reasonable person would term it abnormal 3 of 21 Case setting out the old test? R v Byrne 4 of 21 Case for Psychopathy? R v Byrne 5 of 21 Case for Paranoia? R v Martin 6 of 21 Case for Epilepsy? R v Campbell 7 of 21 Case for Depression R v Gittens 8 of 21 Case for Post-Natal-Depression R v Reynolds 9 of 21 Case for PMT? R v English 10 of 21 Case for Post traumatic stress disorder? R v Bradley 11 of 21 Case for Asperger's? R v Reynolds (2004) 12 of 21 Case for Battered womans syndrome? R v Ahluwalia 13 of 21 What must impair D's ability to do? Form a rational judgement; Exercise self control; Understand the nature of their conduct 14 of 21 What does the word Substantial mean? It does not mean total nor trivial (Brown 2011) 15 of 21 What must the abnormality provide? It must provide an explanation - There must be a causal element 16 of 21 Can D still use the defence even if voluntary intoxication played a part? Yes - 17 of 21 What does Gittens tell us about abnormality and intoxication? Was the Abnormality of the mind sufficient to disregard the effect of alcohol and impair D's mental responsibility 18 of 21 What does Dietschmann tell us? Despite the drink, would his mental abnormality substantially impaired his mental responsibility 19 of 21 Is Alcohol dependency syndrome a recognised medical condition? Yes 20 of 21 What is alcohol dependency syndrome? Where D drinks because of an addiction the drinking is involuntary 21 of 21
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