Diminished Responsibility

Question 1

Here

Answer 1

the partial defence to murder of diminished responsibility may apply, set out in the Homicide Act 1957 as amended by Section 52 of the coroners and Justice Act 2009.

Question 2

Four tests must be satisfied:

Answer 2

Firstly, the defendant must have been suffering from an abnormality of mental functioning. This means a state of mind that the reasonable person would consider abnormal, set out in Byrne.

Question 3

Here D’s…when he killed…would be considered

Answer 3

by the reasonable person to be an abnormality of mental functioning.

Question 4

Secondly,

Answer 4

the cause of of the abnormality of mental functioning must arise from a recognised medical condition. Medical evidence will be needed. A recognised medical condition covers mental and physical conditions,

Question 5

and examples are

Answer 5

depression (Seers), Asperger’s Syndrome (Jama), adjustment disorder (Dietschmann), Battered Women’s Syndrome (Ahluwalia) , schizophrenia (Khan), Alcohol Dependency Syndrome (Wood) , Personality disorder (Martin), post natal depression (Reynolds), PTSD, diabetes, epilepsy and sleep disorder.

Question 6

Here D’s … is likely to be

Answer 6

a recognised medical condition with medical evidence in support as he…

Question 7

Thirdly,

Answer 7

the abnormality of mental functioning must substantially impair the defendant’s ability to do one of three things: understand the nature of his conduct or form a rational judgement or exercise self control.

Question 8

This test

Answer 8

amended Section 2(1A) of the Homicide Act 1957, and reflected the decision in Byrne. In the 2016 case of Golds, confirming Lloyd, it was confirmed that “substantial impairment” means more than trivial, but does not need to be total, and is a matter for the jury to decide.

Question 9

Here a jury is likely to find D’s…

Answer 9

did substantially (more than trivially) impair his ability to understand the nature of his conduct when... Or form a rational judgement when...
Or to exercise self control when...

Question 10

Fourthly,

Answer 10

the abnormality of mental functioning must provide an explanation for the killing. It need not be the only contributory factor, but it must be an significant factor.

Question 11

Intoxication

Answer 11

on its own cannot cannot be the explanation for the killing, as in Dowds. However, being intoxicated does not prevent an abnormality of mental functioning from providing an explanation for the killing, as in Dietschmann. Intoxication due Alcohol Dependency Syndrome can provide an explanation for the killing as, in Wood.

Question 12

Here D’s… did provide an explanation for the killing of…because it was certainly a significant factor,

Answer 12

even though it was not the only factor as… Intoxication may be relevant here also -… can still provide the explanation for the killing even if… was in Intoxicated.

Question 13

To

Answer 13

conclude, D will be liable for voluntary manslaughter not murder as all the test for diminished responsibility are satisfied.