Diminished Responsibility Flashcards
What is the act and section number for diminished responsibility?
Section 52 Coroners and Justices Act 2009
What act did s.52 Coroners and Justices Act 2009 amend?
Section 2 Homicide Act 1957
What is the definition for diminished responsibility?
“Where a person who kills or is a party to a killing, is not to be convicted of murder if that person was suffering from an abnormality of mental functioning”
What is the case for abnormality of mental functioning?
R vs Fairweather
What is the POL from R vs Fairweather?
The jury didn’t think he was psychotic at the time of the attacks so the defence was rejected
What is the POL from R vs Byrne?
The defence covers all activities of the mind, including the ability to exercise willpower
What is the case that states that the defence covers all activities of the mind, including the ability to exercise willpower?
R vs Byrne
What is the case for recognised medical condition?
R vs Martin
What is the POL from R vs Martin?
He had paranoid personality disorder and depression so he could use the defence
What is the POL from R vs Brennan?
If 2 doctors agree on the recognised medical condition, then murder has to be withdrawn from the jury
What case states that if 2 doctors agree on the recognised medical condition, then murder has to be withdrawn from the jury?
R vs Brennan
What is a substantial impairment and what does it have to impair?
A substantial impairment stops the defendant to do one of the following:
- Understand the nature of their conduct
- To form a rational judgement (R vs Martin)
- To exercise self-control (R vs Byrne)
What is the POL from R vs Brown
The impairment must be substantial and not partial
Abnormality needs to be more than a minimal or trivial contribution to the killing, but it doesn’t have to be the sole cause
What is the case that states - The impairment must be substantial and not partial
R vs Brown
What case was R vs Brown confirmed by?
R vs Simcox
What did R vs Simcox state?
That the impairment cannot be that it just made it harder for the defendant to control themselves
What is the final point that must be proven for DR?
The medical condition must provide an explanation for the defendants actions
What is the case for explanation of the defendant’s conduct?
R vs Osbourne
What is the POL from R vs Osbourne?
The drug taking and anger was the explanation for the conduct and not ADHD
What else do you have to include under explanation for D’s actions?
Factual causation
What is the case for factual causation?
R vs White
What is the test for factual causation that comes from R vs White?
‘But for’ test
What is the POL from R vs White?
‘But for’ him putting poison in his mother’s drink, she would’ve died anyway of a heart attack
What is the POL from R vs Deitschmann?
The abnormality of the mind could still have been a substantial cause of the killing but not the intoxication
