diminished responsibility Flashcards
paragraph 1: definition
when murder has been satisfied but a partial defence can be applied and charge is reduced to vol man
a) initially set out in s2 homicide act 1957
b) amended by s52 coroners and justice act 2009
paragraph 2: abnormality of mental functioning
byrne- “a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal”
i) doesn’t have to be permanent just at time of killing
paragraph 3: AMF due to recognised medical condition
WHO international classification of diseases: epilepsy bailey, PTSD reynolds, depression seers etc
dowds doesn’t satisfy this
paragraph four: AMF substantially impairs D’s mentality
s52(1)(b) AMF substantially impairs D’s ability to understand the nature of his conduct or form rational judgement or exercise self control (byrne, golds, lloyd)
paragraph five: AMF provides explanation for D causing Vs death
s2(1)(b) abnormality of the mind need not be the only factor that caused D to be involved in the killing but it must be the significant factor
a) intoxication alone cannot be a support of DR as shown in dowds
b) D has some pre existing AMF but is intoxicated at time of killing - case by case judgement at AMF has to be the substantial cause not the drinking (dietschmann, kay, stewart)
