Diminished responsibility Flashcards
what act is DR from and amended by
Homocide Act 1957, amended by CJA 2009
what must DR be proved on
balance of probabilities
4 elements to prove
1) abnormality of mental functioning
2) arising from a recognised medical condition
3) substantial impairment of mental responsibility
4) provides an explanation for D’s acts/ omissions
what case states that an abnormality of mental functioning is a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal
Byrne
what can a medial condition be (2)
psychological or physical
what case states recognised medical condition can be sexual psychopath
Byrne
what case states that recognised medical condition can be chronic depression
Seers
what case states that a recognised medical condition can be battered woman syndrome
Ahluwalia
what must there be for recognised medical condition
medical evidence
2 examples of recognised medical condition
diabetes, sleep disorder
what section does substantial impairment of mental responsibility come from
s52(1)(b)
what case states substantial impairment of mental responsibility must be one of degree and for the jury to decide
Byrne
what does substantial not mean + what did Lloyd say
abnormality totally impairs d’s mental responsibility but must not be trivial or minimal. Lloyd - something in between
what case confirmed Lloyd by saying substantial meant ‘…it needed to be something more than trivial’
Golds
abnormality of metal functioning must have substantially impaired d’s ability to do 1 of the following 3…
1) understand nature of conduct
2) ability to form rational judgement
3) exercise self-control
example of 3) exercise self-control with case
unable to control perverted desires - Byrne
what section does 5) provides an explanation for d’s acts/ omissions come from
s52(1)(c)
explain 5) provides an explanation for D’s acts/ omissions
d must prove abnormality of mental functioning provides an explanation for acts/ omissions in doing/ being party to the killing
abnormality must cause the killing but doesn’t have to be the only/ main factor, but must be…
a significant contributory factor
what should jury do if D suffering from abnormality of mental functioning + intoxication
disregard intoxication + decide if abnormality by itself substantially impaired D’s ability
what case stated that voluntary intoxication by itself cannot establish partial defence of DR
Dowds
in what case was D drinking and DR failed
Egan
in what case was D drinking/ taking drugs and DR was allowed as suffering abnormality of mind regardless of drink
Dietschmann
what case confirmed that ADS could be considered as a possible source of abnormality of mind (now mental functioning) by jury. + if they found it to be so, what must they consider
Wood - the effect of any alcohol consumed by D as a result of his dependency
case + 3 factors jury should consider
Stuart:
• syndrome caused D to suffer from an abnormality of mental functioning?
• if so, D’s abnormality caused by the ADS?
• if so, abnormality of mental functioning substantially impair D’s ability to:
1) understand nature of conduct
2) form rational judgement
3) exercise self control
