Diminished responsibility Flashcards
Define diminished responsibility
Defendant must prove that they killed as a result of suffering from an abnormality of mental functioning, arising from a recognised medical condition, which provides an explanation for the offence
What is the sentence for diminished responsibility?
A custodial sentence of 24 years as it is voluntary manslaughter
How is diminished responsibility defined (in which act)?
Section 52 of Coroners and Justice Act 2009
How is it defined in the act?
To claim diminished responsibility there is a four-part test. The defendant must have:
1. An abnormality of mental functioning
2. Arising from a recognised medical condition
3. Which substantially impaired the defendants ability to do one of the following:
a-understand the nature of their conduct or
b-form a rational judgement
c-exercise self-control
4. This provides an explanation for the defendants acts or omissions in being party to the killing
How would you answer this question in terms of paragraphing?
Abnormality of mental functioning, arising from a recognised medical condition, substantially impaired the defendants ability to…, provides an explanation for the defendants act
A reasonable person would think the state of mind abnormal. How would a jury decide if the defendant’s mind is abnormal?
They hear medical evidence but do not have to follow it
Give some examples of a recognised medical condition
PTSD, paranoia, schizophrenia, battered woman’s syndrome, depressive illness etc
Is substantially impaired defined in statue?
No but case law can help
What must the abnormality of mental functioning do?
Caused or be a significant contributory factor in causing the defendants conduct.
What is the more than trivial reason or the defendant killing the victim?
Abnormality of mental functioning. But it may not be the only reason
Alcohol: what is intoxication not?
A recognised medical condition. If solely relies on intoxication, it will fail (defence).
