Diminished responsibility Flashcards
What does section 52 of the Coroners and Justice Act 2009 amend?
It amends s2 of the Homicide Act 1957 and is a four stage-test.
What is the four-stage test?
Whether defendant was suffering from an abnormality of mental functioning.
If so, whether it had arisen from a recognised medical condition
If so, whether it had substantially impaired their ability to understand the nature of their conduct or form rational judgment or exercise self-control.
And thus explain their behaviour
When should the judge withdraw the murder charge from jury?
When there is unchallenged medical evidence
Abnormality of mental functioning
Reasonable person would term it abnormal
Recognised medical condition
World Health Organization’s International Classification of Diseases
What does R v Dowds state about the medical conditions and WHO’s classifications
Just cos its in the list does not mean it can always be relied upon
Impairment must be substantial
Must be evidence of this and raised by defence
What must the abnormality of mental functioning substantially impaired the defendants ability to do?
Understand nature of conduct, or
Form rational judgement, or
exercise self-control
Explanation of behaviour
Explains behaviour of D if it was at least a significant contributory factor in causing D to act as they did
What must the factor be?
More than trivial
When should the defence not succeed?
When the D’s mental state made no difference to their behaviour - They would have killed regardless
Does alcohol amount to abnormality of mental functioning?
No, but brain damage from alcohol may
