Diminished Responsibility Flashcards
the special defence of DR is under..?
s.52 Coroners & Justice Act 2009
Where did Coroners & Justice Act amend?
s.2 Homicide Act 1957
What’s stated under s.52(1)
D must suffer from an ‘abnormality of mental functioning’
What is an abnormality of mental functioning?
a condition that is a state of mind that’s so different from that of an ordinary man that the reasonable man would regard as abnormal
Name 2 cases for s.52
R v Bryne 1960
What does AOMF actually mean when looking at scenarios?
The symptoms D has due to their condition (the acts)
What’s stated under s52(1)(a)
the AOMF must have ‘arose from a recognised medical condition’
What types of conditions does s52(1)(a) cover?
physical & psychological
Name the case for mental deficiency
R v Speake 1957
Main facts (Speake 2957)
D’s murder conviction reduced to manslaughter as he had a mental deficiency, diminishing his responsibility for killing
Name the case for premenstrual tension
R v Smith 1982
Main facts (Smith 1982)
PMT could not provide a defence of automatism, but could be recognised as a medical for DR
Name the case for epilepsy
R v Campbell 1997
Main Facts (Campbell 1997)
- D had frontal lobe damage & epilepsy
- wasn’t able to plead DR - medical opinion: his AOMF had not substantially impaired his mental responsibility due to his ability to recall events lucidly
Name the case for paranoia
R v Martin 2002
Main facts (Martin 2002)
D killed burglar fleeing from his home, claiming self-defense > was able to plead DR due to his paranoid personality disorder
Name the case for depression
R v Seers
Name the case for chronic depression
R v Gittens 1984
Name the case for battered woman syndrome
R v Ahluwalia
Name the case for sexual psychopath
R v Byrne
Name the case for ADS
R v Conroy
Main facts (Seers 1985)
D killed wife - claimed DR on grounds of reactive depression > conviction reduced to manslaughter due to his mental condition.
Main facts (Gittens 1984)
D suffering chronic depression, killed wife
& stepdaughter after consuming alcohol and drugs for medication.
- CoA > the jury should be directed “to disregard what, in their view, the effect of the alcohol or drugs upon the D was”
