Diminished Responsibility Flashcards
Q: What is diminished responsibility?
S2(1) Homicide Act 1957
A person (‘D’) who kills or is a party to a killing of another is not to be convicted of murder if D was suffering from an abnormality of mental functioning which
(a) arose from a recognised medical condition,
(b) substantially impaired D’s ability to do one or more of the things mentioned in subsection (1A), and
(c) provides an explanation for D’s acts and omissions in doing or being party to the killing.
Q: What are the conditions mentioned in section 1A of the Homicide Act 1957?
Those things are-
(a) to understand the nature of D’s conduct;
(b) to form a rational judgment;
(c) to exercise self-control.
Q: What is an abnormality of mental functioning?
S2(1B) Homicide Act 1957
For the purposes of subsection (1)(c), an abnormality of mental functioning provides an explanation for D’s conduct if it causes, or is a significant contributory factor in causing, D to carry out that conduct.
Q: Who does the burden of proof lie with?
Defence must prove on the balance of probabilities that D was suffering from an abnormality of mental functioning.
The defence must prove each element on the balance of probabilities for it to be a successful defence
Q: What does the definition require for D’s abnormality of the mind?
Abnormality must arise from a recognised medical condition.
Byrne 1960- ‘state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal’.
Q: What types of conditions does this include?
Both physical and mental conditions are included.
Examples from case law include alcohol dependency, ‘battered wives syndrome’ or depressive illnesses resulting from prolonged abuse, post-natal depression, grief following the death of a loved one or PMT (extreme cases).
Q: Who decides whether an impairment is substantial enough?
It is a question of fact for the jury, taking into account medical and any other available evidence.
Q: What sort of impact does the abnormality have to have on D?
The abnormality must also be a significant contributory factor in causing the acts or omissions which resulted in the killing, although it does not have to be the only cause of D’s conduct.
