1B - Voluntary Manslaughter - Diminished Responsibility

Question 1

Where can the defence of diminished responsibility be found?

Answer 1

s.2 Homicide Act 1957 as amended by s.52 Coroners and Justice Act 2009

Question 2

Components for DR

Answer 2

1. Suffering from abnormality of mental functioning
2. Arose from a recognised medical condition
3. Substantially impaired D ability to, understand nature of his conduct, form rational judgment or exercise self control
   4.provides an explanation for the defendants acts and omissions in doing or being a party to the killing

Question 3

Abnormality of mental functioning

Answer 3

R v Byrne, Described as a ‘state of mind so different from that of a ordinary human being that the reasonable man would term it abnormal’

Question 4

Recognised medical condition

Answer 4

Phrase was introduced by 2009 act
-Covers psychological and physical, mental, and any disorder that affects functioning- Diabetes, epilepsy
-R v Conroy, Autism is a recognised medical condition
-R v Squelch, Paranoid personality disorder also recognised
Defence must show proof of these medical conditions

Question 5

Substantially impaired

Answer 5

D has to prove that the abnormality of mental functioning provides an explanation for his acts and omissions in doing the killing
R v Byrne, question of whether the impairment was substantial and for jury to decide
R v Lloyd, substantial does not mean total nor trivial. somewhere in between.

Question 6

Diminished responsibility and intoxication

Answer 6

1. Intoxication cannot alone cannot support a defence, R v Dowds
2. May have defence if D has pre existent abnormality of mind but in addition is intoxicated, R v Dietschmann
3. Recognised medical condition, ADS, cannot control drinking so classed as involuntary intoxication R v Tandy