Diminished Responsibility Flashcards
what is diminished responsibility an example of?
voluntary manslaughter
what is diminished responsibility governed under?
S2 Homicide Act 1957 but amended by S52 Coroners and Justice Act 2009
what are the 5 areas of diminished responsibility?
- abnormality of mental functioning (AMF)
- recognised medical condition (RMC)
- substantially impaired (SI)
- provides an explanation
- intoxication
what is ‘abnormality of mental functioning’?
is D’s mental functioning so different from ordinary people that the reasonable man would find it abnormal?
what case example can be used for ‘abnormality of mental functioning’?
Byrne - D was a sexual psychopath who killed a young woman. Unable to control perverted desires so claimed defence.
what is a ‘recognised medical condition’?
- severe depression
- schizophrenia
- drug/alcohol dependency
what case example can be used for ‘recognised medical condition’?
Brown - D murdered his wife with a hammer as he argued that he had severe depression from their divorce. Claimed defence.
what does ‘substantially impaired’ mean?
D’s ability to do one of three things must be substantially impaired:
1. understand the nature and conduct of their actions
2. make a rational judgement
3. exercise self control
what case example can be used for ‘substantially impaired’?
Golds - D admitted to killing his partner. ‘something more than trivial’
what does ‘provides an explanation’ mean?
there needs to be a causal link between D’s AMF and the killing
what does ‘intoxication’ mean?
Just drunk - no defence
Drunk & AMF/RMC - just told to forget the drink - would D still claim defence?
Alcohol dependency - claims defence
what case example can be used for ‘intoxication’?
Dietschmann - D’s girlfriend/auntie died and he suffered from adjustment disorder. V broke D’s watch that she had given him so he kicked V to death. Claimed defence.
