Diminished Responsibility Flashcards
What is diminished responsibility?
A person (D) who kills or is a party to the killing of another is not to be convicted of murder if D was suffering from an abnormality of mental functioning.
What 3 types of abnormality of mental functioning are taken into consideration when deciding DR?
- if it arose from a recognised medical condition
- if it substantially impaired D’s ability to do one or more of the things mentioned in subsection (1A)
- if it provides an explanation for D’s acts and omissions in doing or being a party to the killing
What 3 things fall under subsection (1A)?
- to understand the nature of D’s conduct
- to form a rational judgement
- to exercise self-control
How is the defence raised?
D gives the judge evidence of DR.
80% of those raising the defence are allowed the defence so the judge reduces murder to manslaughter.
Some DR cases are not allowed to be raised as the judge believes the evidence is not sufficient, e.g. Yorkshire Ripper case.
Abnormality of mental functioning?
“Abnormality of mind…means a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal’
What did the Gomez case in 1964 show?
The abnormality doesn’t have to be permanent or have existed from birth as long as it existed at the time of the kiling.
Recognised medical conditions?
Many different physical, psychiatric and psychological conditions.
If the jury accepts that at the time of the killing the defendant was suffering from a condition included in the list then they will be tested.
Substantially impaired?
The abnormality of mental functioning only substantially impairs where, whilst not wholly impairing the defendants ability to do the things specified, it significantly or appreciably impairs that ability, beyond something that is merely more than trivial or minimal.
Diminished responsibility and being intoxicated?
If someone is drunk and became intoxicated of their own free will this cannot be a defence. Only if D can show their intoxication was involuntary due to a medical condition can the defence be used. Not all alcoholics have a recognised medical condition of this sort.
Having a disease brought about by alcoholism - Alcohol Dependency Syndrome?
If the D’s alcoholism has caused the brain to be altered physically so that they can no longer resist drinking alcohol this is a recognised medical condition, alcohol dependency syndrome (ADS).
Impaired to do one or more things that provides an explanation for the killing?
As long as D can show the mental functioning caused by the medical condition caused one or more of the 3 things listed to provide an explanation for the killing then the jury can allow the defence.
