Diminished Responsibility Flashcards
What is Diminished Responsibility, where is it found?
s52 Coroners Justice Act 2009
D was suffering from a mental abnormality which
- arose from recognised medical condition
- substantially impaired ability to either
>understand nature of conduct
>form rational judgement
>exercise self-control
- this provides an explanation for the defendants acts/omissions
- Abnormality of mental functioning
R v Byrne
was Ds mental functioning so different from that of an ordinary person that the reasonable man would deem it abnormal
R v Byrne
established test for abnormality of mental functioning
- arose from Recognised Medical Condition
can be physical or psychological
EPILEPSY - R v Campbell
DEPRESSION - R v Seeks // Gittens
R v Seeks // R v Gittens
depression is a recognised medical condition
R v Campbell
epilepsy is also a recognised medical condition
- Substantially impaired
substantial not necessarily total (R v Lloyd) - jury require no direction on meaning (R v Golds)
R v Lloyds
substantially impaired is not equal to total - but must be a large amount
R v Golds
Juries don’t need direction on what is substantial
3.a) nature of conduct
don’t know what doing
3.b) form rational judgement
unable to use reason/logic
3.c) exercise self control
cannot exercise self-control
medical evidence needed
- Provides explanation for act
needs to be a substantial explanation
doesn’t need to be the sole factor
what are the rules surrounding intoxication
3 situations to consider
1) just intoxication
2) intoxication and a pre-existing abnormality
3) intoxication due to addiction
Just intoxication
no defence
