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A short Handout and questions on the law on Diminished Responsibility written by an experienced examiner of Law and delivered to my own students across many cohorts and students.

This 7-page Handout is all that you need to teach and study Diminished Responsibility.

The Handout is structured as follows:

  • Definition and Legal Basis.
  • Application in Trials: A defendant cannot be charged with voluntary manslaughter directly; it is a verdict the jury may reach if the defense of diminished responsibility is successfully pleaded during a murder trial.
  • Criteria for Diminished Responsibility: To qualify for diminished responsibility, the defendant must prove an abnormality of mental functioning arising from a recognized medical condition that substantially impaired their ability to understand their conduct, form rational judgments, or exercise self-control.
  • Impact of the Defence.
  • Case Law Examples: Several cases illustrate the application of diminished responsibility, including BYRNE, where a sexual psychopath’s conviction was reduced to manslaughter, and LUC THIET THUAN, where a head injury did not qualify as a recognized medical condition.
  • Substantial Impairment: The defence requires that the abnormality of mental functioning substantially impair the defendant’s abilities, such as understanding their conduct or forming rational judgments, as seen in the GITTENS case.
  • Challenges in Application: Juries sometimes disregard the defense of diminished responsibility, as seen in the SUTCLIFFE case, where the defendant was convicted of murder despite evidence of mental abnormality.

An invaluable set of notes for anyone studying this vital concept in Law.

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