Diminished Responsibility Flashcards
Where is diminished responsibility set out
Homicide Act 1957 as amended by S.52 Coroners and Justices Act 2009.
If one successfully uses the defence of Dr what happens?
the defendant will be convicted of Voluntary Manslaughter rather than murder, even though the actus reus and mens rea of murder are present as it acts as a partial defence to murder.
How many test must be satisfied on order to successfully use the defence of Dr?
4
What are the 4 test
Firstly, an Abnormality of Mental Functioning
Secondly, Recognised Medical Condition
Thirdly, Substantially impaired D’s ability to do one of three things
Finally, the AMF provides an explanation for the killing
What is required of the jury in the first test?(Firstly, an Abnormality of Mental Functioning)
requires the jury to determine as a question of fact, rather than medicine, whether the D’s state of mind at the time of killing was ‘abnormal’:
What case defines AMF
R v Byrne 1960
What does R v Byrne 1960 define AMF as
established that an AMF means a state of mind so different from that of the ordinary human being, that the reasonable man would term it abnormal.
In the second test the AMF must ..?
must arise from a recognised medical condition. Medical evidence will be needed.
What does a recognised medical condition cover?
A recognised medical condition covers mental and physical conditions
What case confirmed depression as a recognised medical condition ?
Seers (1984)
What case established Asperger’s Syndrome as a recognised medical condition ?
No specific case, but it is accepted as an RMC under the Coroners and Justice Act 2009.
What case involved Battered Woman’s Syndrome as a recognised medical condition ?
Ahluwalia (1992
What case involved Post-natal depression as a recognised medical condition?
Reynolds (1988)
What case involved Alcohol Dependency Syndrome as a recognised medical condition?
Wood (2008)
What case established personality disorder as a recognised medical condition?
Martin (2001)
What case involved epilepsy as a potential recognised medical condition?
Campbell (1997)
Is diabetes considered a recognised medical condition for diminished responsibility?
Yes, it can be, especially if it affects mental functioning.
Where are schizprenia and sleeping disorders recognised
RMC under the Coroners and Justice Act 2009
What is the section that mentions D’s ability to do one of three things
S.52 (1A)
What are the1 of 3 things that D should substantially be impaired to do?
a) Understand the nature of his or her conduct
b) Form a rational judgement:
c) Exercise self control
What does substantial mean and which cases?
R v Golds confirming R v Lloyd explained that substantial does not mean total, nor does it mean trivial or minimal
What is the case for”Form a rational judgement”?
Includes suffering from Paranoia R v Martin or R v Ahluwalia
What is the case for”Exercise self control”?
unable to control perverted desires (R v Byrne)
What does the “AMF provides an explanation for the killing “ mean ?
There must be a significant connection between the abnormality of mental functioning and the killing.
The AMF must be a ‘_________________________’ - need not be the only factor.
significant contributory factor
What is the question in the final test(the AMF provides an explanation for the killing)?
The question is ‘but for’ the D’s AMF, would the D have killed?
Dietschmann held that intoxication does not what?
prevent the AMF from providing an explanation for the killing
Dowds held that intoxication on its own cannot what?
provide an explanation for the killing.
v Wood held that Alcohol Dependency syndrome can?
provide an explanation for the killing.
