Diminished Responsibility Flashcards
What is Diminished Responsibility?
A special defence that can only be used for murder.
What type of defence is Diminished Responsibility?
A partial defence that reduces murder to voluntary manslaughter.
What legislation governs Diminished Responsibility?
S.2 Homicide Act 1957 amended by S.52 Coroners and Justice Act 2009.
What is the standard of proof for Diminished Responsibility?
Balance of probability (51%).
List the four elements of Diminished Responsibility.
- Abnormality of mental functioning
- Recognised medical condition
- Substantial impairment
- Provides an explanation
Define Abnormality of Mental Functioning (AOMF).
A state of mind so different from that of an ordinary human being that the reasonable man would term it abnormal.
Who provided the definition of AOMF?
Byrne.
Is the proof of AOMF a question of fact for the jury?
Yes.
What must be proved regarding Recognised Medical Condition in Diminished Responsibility?
The AOMF must be caused by a recognised medical condition on the WHO list.
Give an example of a recognised medical condition related to Diminished Responsibility.
Battered women’s syndrome (Ahluwalia).
What does Substantial Impairment refer to in Diminished Responsibility?
AOMF caused by RMC must substantially impair the defendant’s ability to do one of three things.
What are the three abilities that must be substantially impaired?
- Understand the nature of his conduct
- Form a rational judgement
- Exercise self-control
What does the case of Lloyd state about substantial impairment?
Substantial does not mean total nor does it mean trivial.
What is required by the Coroners and Justice Act 2009 regarding AOMF?
A causal link must be proved between the AOMF and the defendant’s actions causing death.
What does AOMF need to be to provide an explanation?
A significant contributory factor.
True or False: Intoxication can support a defence of diminished responsibility.
False.
What did the case of Dowds conclude about intoxication and Diminished Responsibility?
Intoxication alone cannot support a defence of DR.
What did Di Duca establish regarding the effects of alcohol or drugs?
Immediate effects are not sufficient to amount to a medical condition.
What must be proven when D is intoxicated and suffering from an unrelated AOMF?
That the medical condition was an important factor in D’s actions.
In the case of Dietschmann, what must the jury determine?
If D would have taken part in the killing as a result of AOMF despite intoxication.
What is ADS in the context of Diminished Responsibility?
Alcohol Dependency Syndrome.
What did the case of Wood establish regarding ADS?
ADS was accepted as a recognised medical condition, proving alcoholism caused the abnormality.
What is the significance of Tandy’s ruling regarding intoxication?
Immediate effects of alcohol or drugs are not sufficient to amount to a medical condition.
