Diminished responsibility

Question 1

1) Introduction

Answer 1

D may have a defence of diminished responsibility under S.2 of the Homicide Act 1957 as amended by S.52(1) of the Coroner’s and Justice Act 2009.

Question 2

2) S.2(1) - Byrne test

Answer 2

There are five elements. Firstly under S.2(1) D must suffer from an abnormality of mental functioning (AMF), which means that D’s mental functioning was so different from that of ordinary human beings that the reasonable man would call it abnormal (Byrne).

Question 3

3) S.2(1a) - medical condition

Answer 3

Secondly, under S.2(1a) the AMF must arise from a recognised medical condition, mental or physical. Expert medical evidence will be required (Brennan).

(•Learning difficulties (Speake)
Psychopathy, paranoia, personality disorder (Byrne)
•Epilepsy, stress, depression (Seers)
•Pre-menstrual syndrome (Reynolds)
•Mental and physical diseases that affect the mind (Sanderson)
•Battered woman’s syndrome (Ahluwalia). )

Question 4

4) S.2(1A) - impairment

Answer 4

Thirdly, under S.2(1A) the AMF must substantially impair

a) D’s ability to understand his own conduct,
b) form a rational judgment or
c) exercise self-control.

Question 5

5) S.2(1b) - substantial impairment

Answer 5

Fourth, there must be a substantial impairment under S.2(1b). Substantially impaired was held to mean a serious degree of impairment & should be left to the jury (Golds).

Question 6

6) S.2(1c) - causal link

Answer 6

Under S.2(1c), the AMF must provide an explanation for D’s conduct. This means there must be a causal link between the AMF and the act.

Question 7

7) Intoxication (only if relevant)

Answer 7

1. Voluntary intoxication on its own is not enough to constitute diminished responsibility (Dowds).
2. If, ignoring the effects of intoxication, D had an AMF arising from a recognised medical condition that substantially impaired D’s conduct, then he may have a defence (Dietschmann).
3. If prolonged use of alcohol has caused a condition such as alcohol dependency syndrome the condition may have caused brain damage so that D’s ability to do the things in S.2(1A) are substantially impaired or the craving for drink was such as to render D’s use of drink involuntary (Wood).

Question 8

8) Conclusion

Answer 8

If the defence is successful murder is reduced to voluntary manslaughter & D will be sentenced at the discretion of the judge up to a maximum of life imprisonment.