1B - Voluntary Manslaughter - Diminished Responsibility - Case List Flashcards
DR - Challen
Coercive control became a criminal offence in 2015 which was 4 years after Challen was convicted for bludgeoned her husband to death with a hammer after psychologically abusing her for 40 years
DR - R v Byrne - substantial
Stated that measuring the term ‘substantial’ is for the jury to decide
DR - R v Byrne - test
‘abnormality of mind…means a state of mind so different from the ordinary human being that the reasonable man would term it abnormal
DR - R v Brennan
Expert medical evidence must be provided to prove there is a medical condition
DR - R v Lloyd
The court defined substantial to not mean total or trivial or minimal - it’s for the jury to decide
DR - R v Golds
Judge isn’t ordinarily required to define the everyday term ‘substantially’ and should only happen when there’s a risk the jury won’t understand the meaning of the word.
‘substantially impaired’ was held to mean a serious degree of impairment and should be left to the jury to decide
DR - R v Dowds
Voluntary intoxication on its own is not enough to constitute diminished responsibility
DR - R v Dietschmann
If, ignoring the effects of intoxication, D has an abnormality of mental functioning arising from a medically recognised condition that substantially impaired D’s condition, then he may have a defence
DR - R v Wood
If prolonged use of alcohol has caused a condition such as Alcohol Dependancy Syndrom then the condition may have caused brain damage so that D’s ability to do the things in s.2(1A) are substantially impaired OR the craving for a drink was such as to render D’s use of drink involuntary
DR - R v Stewart
Developed a three-stage test for the jurors to consider (case related to ADS)
DR - recognised medical conditions - Speake
Learning difficulties/impaired cognitive development
DR - recognised medical conditions - Byrne
Psychopathy/paranoia/personality disorder
DR - recognised medical conditions - R v Seers
Epilepsy/stress/depression
DR - recognised medical conditions - Reynolds
PMS
DR - recognised medical conditions - Sanderson
Mental and physical diseases that affect the mind
