diminished responsibility Flashcards
S.52 Coroners & Justice Act 2009
special (murder) and partial (reduces to manslaughter) defence to murder
- needs all 4 elements to be found guilty
DR
show at the time that D was suffering from an abnormality of mental functioning so he was not fully responsible for his actions - lacking culpability
AMF
abnormality of mental functioning - needs to be present at the time of the killing
Byrne
sexual psychopath - raped and mutilated a young girl
DR failed as he was aware of his actions
Test - abnormality of mind so different the RM would find it abnormal
RMC
recognised medical condition - no definitions of recognised conditions but must be present at the time
Hobson
abused wife stabbed her abusive husband
LOC - failed
BWS was later recognised as a medical condition
Martin
victim of multiple burglaries so shot an intruder
DR - RMC, depression, and paranoid personality
Brennan
male escort stabbed the victim 22 times
DR - RMC, personality disorder and schizophrenia
prosecution didn’t dispute
COA - DR had to succeed
Dowds
heavy binge drinkers, D stabbed V 60 times
NOT DR - as acute intoxication is not DR
SI
substantial impairment to understand the nature of the conduct or to form a rational judgement
S.53 C&JA
a) to understand the nature and physicality of what they’re doing
b) to form a rational judgement
c) exercise self control
Lloyd
SI isn’t total impairment but it has to be more than trivial or minimal
Brown
COA confirmed the Lloyd test
Golds
D killed his wife
DR - failed and COA upheld conviction and clarified the test of substantial impairment …
SI, RMC must have a significant or appreciable impairment
Casual link
a significant contributing factor which causes D to carry out the conduct, but it doesn’t need to be the sole reason
Intoxication alone
transient effect and not an injury so doesn’t amount to AMF