Diminished responsibility Flashcards
Where is diminished responsibility defined?
S.2(1) Homicide Act 1957 as amended by the Coroners and Justice Act 2009
A person can use the defence of diminished responsibility if…
he kills while suffering an abnormality of mental functioning which arose from a recognised medical condition and substantially impaired D’s ability to understand the nature of his conduct, form a rational judgement, or exercise self-control, and provides an explanation for D’s acts and omissions
Byrne 1960
‘abnormality of mental functioning’ is ‘a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal’
‘abnormality of mental functioning’ is ‘a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal’
Byrne 1960
What must the mental impairment do?
Lead D to behave in a way that is ‘substantially’ abnormal
The abnormality of mental functioning must prevent D from doing one of these 3
- Understand the nature of his conduct
- Form a rational judgement
- Exercise self-control
Abnormality of mental functioning must affect ‘the mind’s activities in all its aspects’
Byrne 1960
The fact that the decision was bad or immoral does not make it…
Irrational
Irrational does NOT mean…
- bad
- immoral
Dowds 2012
voluntary intoxication is not a recognised medical condition
voluntary intoxication is not a recognised medical condition
Dowds 2012
Dietschmann 2003
- If D has a medical condition and is voluntarily intoxicated, the effects of intoxication must be ignored
- must determine whether the abnormality of mental function led to D’s behaviour
- If D has a medical condition and is voluntarily intoxicated, the effects of intoxication must be ignored
- must determine whether the abnormality of mental function led to D’s behaviour
Dietschmann 2003
Alcohol Dependency Syndrome (ADS)
- recognised medical condition
- involuntary intoxication
Elements of diminished responsibility
- abnormality of mental functioning
- caused by a recognised medical condition
- substantial impairment of mental functioning