Diminished responsibility

Question 1

What conviction does Diminished Responsibility lead to?

Answer 1

Voluntary Manslaughter

Question 2

What type of defence is Diminished Responsibility?

Answer 2

A partial defence, available only to the charge of murder

It can only be used as a defence to murder and no other offences.

Question 3

What is the result of Diminished Responsibility?

Answer 3

Partial defence leading to conviction of voluntary manslaughter

As per Homicide Act (HA) 1957, s2(3).

Question 4

Who bears the burden of proof in Diminished Responsibility cases?

Answer 4

The defence - they must prove on the balance of probabilities that the defendant was acting under diminished responsibility.

Question 5

What is required to prove diminshed responsibility?

Answer 5

1. Abnormality of mental functioning
2. Arising from a medically recognised condition (can be undiagnosed)
3. That substantially impairs their ability to do one of the things listed under s2 Homicide Act
4. Provides an explanation (causal link)

Question 6

How is abnormality of mental functioning defined?

Answer 6

A state of mind so different from that of ordinary human beings that the reasonable man would deem it abnormal (Coroners and Justice Act (CJA) 2009)

Question 7

Does Alcohol Dependency Syndrome (ADS) count as a recognised medical condition?

Answer 7

Yes

Question 8

What must the abnormality substantially impair?

Answer 8

• To understand the nature of D’s conduct
• To form rational judgment
• To exercise self-control

s2(1A) HA

Question 9

What are the two approaches to intoxication and Diminished Responsibility?

Answer 9

1. Intoxication independent of the abnormality.
2. Intoxication as a result of Alcohol Dependency Syndrome (ADS).

Question 10

What must the jury consider when intoxication is independent of the abnormality?

Answer 10

The jury must first consider the effect of matters other than alcohol to determine if they amounted to abnormality.

Question 11

What is the second question the jury must address regarding independent intoxication?

Answer 11

Whether, despite the drink, the defendant’s mental abnormality substantially impaired his mental responsibility for his fatal acts.

Question 12

What must the jury decide when intoxication is due to Alcohol Dependency Syndrome (ADS)?

Answer 12

Whether the ADS was a significant factor in leading the defendant to consume the alcohol.