DIMINISHED RESPONSIBILITY Flashcards
what set out diminished responsibility?
S.2 of the Homicide Act 1975 amended by Section 52 of the Coroners and Justice act 2009
standard of proof is on the balance of probabilities (WILCOCKS)
what is the first test under s.2(1)?
defendant must have been suffering from and abnormality of mental functioning (BYRNE)
What is the 2nd test for diminished responsibility
cause of abnormality of mental functioning must arise from a recognised medical condition
medical evidence will be needed(BUNCH)
if 2 medical professionals agree then d must not be changed with murder (BRENNAN)
What are 7 recognised medical condition and cases that go with them
They cover mental and physical conditions:
Depression~ seers
Asperger’s syndrome ~ Jama
adjustment disorder ~ Dietschmann
battered spouse syndrome ~ Ahluwalia
Schizophrenia ~ Khan
Alcohol dependence syndrome ~ Stewart
alcoholism ~ Wood
what is the third rule?
must substantially impair ds ability to do one of 3 things:
understand nature of conduct
form rational judgement
exercise self control
What section amended rule 3 and the case of the meaning of substantial impairment for diminished responsibility
Section 2(1A) of the Homicide Act 1957 and reflected in the case BRYNE
the 2016 case of Golds, confirmed Lloyd that substantial impairment means:
1.)more that trivial
2.)doesn’t need to be total
3.)up to the jury to decide
What is the 4th rule?
abnormality of mental functioning must provide an explanation for the killing
need not be only factor but must be significant factor
What is the rule in intoxication?
can not be the only explanation for killing(DOWDS) but being intoxicated doesn’t prevent abnormality of mental functioning from being an explanation (DIETSCHMANN)
What do the cases of Stewart and Woods set out?
Intoxication due to ADS or alcoholism which renders d unable to control drinking or is drunk to the point brain is damaged can provide as explanation
What does the case of Joyce and Kay set out?
If d is intoxicated and suffers an abnormality but it is decided that intoxication caused to killing d will not be able to rely on the defence
