Criminal - Diminished responsibility Flashcards
Where is the defence of diminished responsibility set out?
Homicide Act 1957 and amended in s52 Coroners and Justice Act 2009
What is the definition of diminished responsibility?
The defendant must be suffering with an abnormality of mental functioning which arose from a recognised medical condition and substantially impairs their ability to understand the nature of their conduct, form a rational judgement, exercise self control and it must provide an explanation for their actions.
What happens if a defendant successfully uses the defence of diminished responsibility?
The charge of murder will be reduced to voluntary manslaughter (with a maximum sentence of life imprisonment) and if the condition is serious enough, a long term hospital order may be made.
How is an abnormality of mental functioning defined?
Described in Byrne as “a state of mind so different from that of ordinary human beings that the reasonable man would term it as abnormal”
What case shows that not every recognised medical condition can be relied upon to show an abnormality of mental functioning?
R v Dowds
What case defined ‘substantially impaired’?
R v Golds - as appreciable or significant but not necessarily total
What case shows that alcohol dependency syndrome can satisfy the requirements for diminished responsibility?
R v Woods
How could someone’s ability to understand the nature of their conduct be impaired?
If they are in an automatic state and doesn’t know what they are doing or is suffering from delusions
How could someone’s ability to form a rational judgement be impaired?
If they suffered from paranoia or schizophrenia etc.
How could someone’s ability to exercise self control be impaired?
In the case of R v Byrne, he couldn’t control his perverted desires
