Diminished Responsibility Flashcards
Diminished responsibility
Section 52 of the coroners and justice act 2009. and requires a 4 part test for it to be satisfied.
Abnormality of mental functioning
this means a state of mind so different from that of ordinary human beings that the “reasonable person” would deem it abnormal. it covers the ability to exercise willpower or control physical acts in accordance with rational judgment.
Recognised Medical Condition.
These can be found in the world health organisations international classification of diseases.
impairment must be substantial
the abnormality of mental functioning must have substantially impaired the defendants ability to; understand the nature of their conduct, form a rational judgment, exercise self control.
does it thus explain their behaviour?
Abnormality of mental functioning need not be the only or even most important factor in explaining a defendants behaviour however it must have been a more than merely trivial factor.
R v Golds (substantial impairment)
the courts should leave the interpretation of the word substantial to the jury. but can advise that substantial means big or large
R v Dietshmann
if d’s mental abnormality substantially impaired his mental responsibility, despite drinking alcohol, he is not guilty of the murder, but can be guilty of manslaughter.
R v Byrne
the abnormality of mind (which need not be a brain disease) must substantially impair the mental responsibility of the accused for his acts.
r v Lloyd
Substantial need not mean totally impaired
r v foye
the burden of establishing diminished responsibility lies on the defendant
r v dowds
the presence of a RMC is a necessary but not always sufficient condition to raise the issue of diminished responsibility
