diminished responsibility Flashcards
what defence is diminished responsibility
partial defence
under which section and act is diminished responsibility established
s.2 of the Homicide Act 1957 amended by s.52(1) CJA 2009
element 1 + section
s.2(1) - an abnormality of mental functioning
what is the interpretation for abnormality of mental functioning established in Byrnes
‘abnormality of mind… means a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal’
element 2 + section
s.2(1)(a) - arose from a recognised medical condition, mental or physical
what was established in R v Brennan in element 2
court of appeal emphasised the importance of medical evidence
what was established in Dowds in element 2
the AMF will be left to the jury
case for learning difficulties/impaired cognitive development
Speake
case for psychopathy, paranoia and personality disorder
Byrne
case for Epliepsy, stress, severe depression
R v Seers
case for pre-menstrual syndrome
Reynolds
case for mental and physical diseases that affect the mind
Sanderson
case for battered woman’s syndrome
Ahluwalia
case for the condition not having to be an inherited condition, neither being present since birth
Gomez
element 3 + section
s.2(1A) - ‘ those things’ which must be substantially impaired
what is the first thing that may be substantially impaired
(a) understand the nature of defendant’s conduct (covers conditions which affect the defendants ability to understand what they’re doing)
what is the second thing that may be substantially impaired
(b) to form a rational judgement (covers cases where D can’t think logically due to their illness)
what is the third thing that may be substantially impaired
(c) to exercise self-control (covers cases where D can’t control their actions)
case for the third thing that may be substantially impaired
Byrne - couldn’t control his perverted desires
element 4 + section
s.2(1)(b) - ‘substantially impaired’
what must be substantially impaired
- understand nature of their own conduct
- form a rational judgement; or
- exercise self-control
what was established in R v Golds in element 4
‘substantially impaired’ was held to mean a serious degree of impairment and should be left to the jury
element 5 + section
s.2(1)(c) - provides an explanation for the defendants conduct
what must there be a link between in element 5
Must be a causal link between the AMF and the act and must have made a significant contribution
what is rule 1 in intoxication
voluntary intoxication on its own isn’t enough to constitute diminished responsibility and must be disregarded by the jury
what case was established in rule 1
R v Dowds
what is rule 2 in intoxication
if, ignoring the effects of intoxication, defendants had an AMF arising from a medically recognised condition that substantially impaired D’s conduct, then he may have a defence
what case was established in rule 1
R v Dietschmann
what is rule 3 in intoxication
prolonged use of alcohol may have caused a condition such as ADS and caused defendant to be substantially impaired OR the craving of drink was such as to render D’s use of drink involuntary
what case was established in rule 3
Wood
