Diminished Responsability Flashcards
What type of defence is D.R?
Partial
What happens to the burden of proof for D.R?
It is reversed
What act is D.R under?
S2 Homicide Act 1957, amended by S52 Coroners and Justice Act 2008
What is D.R
When a person has killed someone and has an abnormality of mental functioning
What is the first requirement to prove D.R?
A reasonable person would find D’s abnormality objectively abnormal
What happened in the case of Byrne?
D was a sexual psychopath of killed women. It was held that his condition was uncontrollable and was granted D.R
If granted D.R what happens to the D’s sentence?
It is reduced from murder to manslaughter
What happened it Tony Martin?
D, who was paranoid, shot two burglars who were unarmed. He wasn’t allowed self defence, however would’ve been granted D.R if this defence had existed
The cause of the abnormality must a recognised…..?
Medical condition
List two recognised medical conditions
Schizophrenia, battered woman’s syndrome (BWS), paranoia, depression, diabetes, epilepsy
What 3 things must the medical condition impair the D’s responsibility to do? HINT- UFC
- ) Understand nature of their conduct
- ) Form a rational judgement
- ) Self control
What must you prove before bringing forward diminished responsibility?
Murder
What is the 4th requirement for DR?
The abnormality provides an explanation for D’s conduct
Can temporary intoxication lead to D.R?
Which case illustrates this?
No, because the medical condition must be internal
Case- Di Duca
In the case of Dowds was D allowed D.R for their voluntary intoxication?
No
