diminished responsibility Flashcards
what type of manslaughter is this under (voluntary or involuntary)
voluntary
whats the act that this comes under
Homicide Act 1957, s.2 as amended by Coroners & Justice Act 2009
what are the 4 requirements of using the defense
An Abnormality of Mental Functioning
Caused by Recognized Medical Condition
Substantially Impairs D’s ability
And Provides an Explanation for D’s actions
abnormality of mental functioning meaning (by case- be specific)
“a state of mind so different from ordinary human beings that the reasonable man would term it abnormal”
case that gave the abnormality of mental functioning definition
R v Byrne (d was a sexual psychopath who had ‘irresistible impulses’)
what does a recognized medical condition need to be recognized by
World Health Organisation’s International Classification of Diseases (ICD)
can be physical or mental
what case confirmed this and what did it tell us
r v dowds
The medical evidence must show that
the condition caused the abnormality
of mental functioning.
This does not include voluntary intoxication.
what does ‘substantially impairs’ stop d from being able to do to (3)
understand the nature of D’s conduct (behaviour) (e.g d has severe learning difficulties);
to form a rational judgment (e.g d has schizophrenia);
to exercise self-control (r v byrne- impulses)
what case proved this
R v Golds
does not have to be total impairment, but it should be more than minimal and the judge can advise the jury that this needs to be ‘large’
Provides an explanation meaning
There must be a causal link between D’s abnormality of mental functioning and killing
It does not need to be the sole cause or even the most important cause, but it must be more than a trivial factor.
The defence should not succeed where the medical condition made no difference to their behaviour (e.g. they would have killed anyway)
intoxication (3 exceptions)
Intoxication alone cannot be enough for Diminished Responsibility. However, courts will allow D’s intoxication to be taken into account if:
D has brain damage as a result of alcohol misuse
D is intoxicated involuntarily – either through being spiked or through alcohol dependency
D was intoxicated but also has a recognised medical condition which remained the cause of the killing, despite the intoxication
D has brain damage as a result of alcohol misuse case
R v Wood 2008
D is intoxicated involuntarily – either through being spiked or through alcohol dependency
R v Wood 2008
D was intoxicated but also has a recognised medical condition which remained the cause of the killing, despite the intoxication
R v Dietschmann 2003
