Diminished Responsibility Flashcards
What is the introductory paragraph to the DR model answer?
D may be able to claim the partial defence of Diminished Responsibility (DR), making him guilty of voluntary manslaughter and avoiding the mandatory life sentence for murder. This is decided by the jury but the burden is in D to prove on the balance of probabilities.
What is the second paragraph for the DR model answer? (definition)
DR comes from S.52 Coroners & Justice Act 2009 & S.2 Homicide Act 1957 (as amended) and is an abnormality of mental functioning from a recognised medical condition which substantially impaired D’s ability to do one of three specified things and explains his act or omission in killing.
What is the first stage of the body of the DR model answer? (abnormality)
Firstly there must be an abnormality of mental functioning. This is defined in Byrne by Lord Parker as “a state of mind so different from that of an ordinary human being that the reasonable man would term it abnormal”. It is up to the jury to decide whether there was an abnormality of mental functioning – R v Sutcliffe. It must explain D’s conduct or be a significant contributory factor. Here, the reasonable man would term D’s state of mind as abnormal because he …
What is the second stage of the body of the DR model answer? (recognised)
Recognised medical condition is from S.52(1)(a). It can also be other conditions listed by the World Health Organisation. It must be proven medically and the jury decide. IF RELEVANT: it may include: chronic depression (Seers); pre-menstrual tension (English); battered wives’ syndrome (Ahluwalia); PTSD (Gray & Wilkinson); post natal depression (Reynolds); Alcohol dependency syndrome (Wood). Here, D’s … would be classed as a recognised medical condition.
What is the third stage of the body of the DR model answer? (impaired)
Substantially impaired from S.52(1)(b) states D cannot: S.52(1A)(a) understand the nature of his conduct; (b) form a rational judgment; (c) exercise self-control. Substantially impaired means impairment that is “not total or trivial but somewhere in between” (Golds/ Simcox). Here the D is substantially impaired because they cannot….[try and choose the most appropriate and explain how D’s abnormality has impacted this]
What is the intoxication paragraph which should be inserted only if relevant?
ONLY INCLUDE IF RELEVANT However, if D is suffering with a recognised medical condition and also intoxicated when they kill, the jury ignore the intoxication (Dietschmann) and decide if the recognised medical condition substantially impaired him. If D is ‘substance dependant’ (Wood) then the addiction can be the recognised medical condition, and then it must be decided if he was substantially impaired. Here, D was suffering with a RMC and intoxicated so…. OR Here D was drug dependant so it must be decided….
What is the fourth stage of the body of the DR model answer?
The abnormality must provide an explanation for D’s killing V so there must be causal link between the medical condition and the killing.
The abnormality need not be the only reason provided it is the significant contributing factor. Here, the [abnormality] is the significant contributing factor because……..[causation].
What is the final sentenced of the DR model answer?
The defence is therefore successful/unsuccessful and….(conclude on liability).
