Diminished Responsibility Flashcards
What is the definition of diminished responsibility?
Special and partial defence to Murder - Liability will be reduced to manslaughter. The defence is contained within s52 of the coroners and justice act 2009.
What does s52(1) state about abnormality of mental functioning?
The D must suffer from an abnormality of mental functioning ‘a state of mind so different to the ordinary human beings that the reasonable person would term abnormal’.
What happened in the case of Byrne?
D was suffering from irresistible impulses that he could not control.
What does s52(1)(a) sate about a recognised medical condition?
The AMF must arise from the recognised medical condition - recognised by the World Health Organisation.
Examples include depression (R v Gittens), personality disorder, epilepsy.
What defines substantially prepared?
AMF must substantially impair D’s ability to;
-understand the nature of his conduct
-form a rational judgement
-exercise self-control
How does the case of Golds help the jury decide what substantially impaired means?
Jury must use their common sense to decide what substantial is.
Explain what provide an explanation means.
The AMF should be the cause or contributory cause in killing the V.
Can D rely on diminished responsibility if they were intoxicated?
No, if they were simply intoxicated (Dowds - too drunk to remember killing his wife).
What happens if the D was intoxicated but had a separate AMF?
If the AMF is a result of RMC not alcohol then Diminished Responsibility can be used.
What happens if the D is intoxicated due to an addiction?
Medical evidence may be able to rely on DR.
What does the Stewart test look at?
-was the D suffering from an AMF? This will depend on the severity
-Was D’s AMF caused by the AMF?
-Was D’s mental responsibility substantially impaired?
