Diminished Responsibility Flashcards
Where is DR contained and where was it amended?
s.2 Homicide Act 1957
amended s.52 Coroners & Justice Act 2009
What happens to the charge if DR applies to D?
murder reduced to voluntary manslaughter
When can DR be used/definition ?
no MR for murder bc suffering from an abnormality of mental functioning caused by a recognised medical condition that subst. impaired ability to; understand natur of conduct, form rational judgement or exercise self control
What is the first element of DR under s.52(1) ?
must suffer from abnormality of mental functioning (AMF)
How did Lord Parker define AMF in R V Byrne ?
‘state of mind so different from ordinary human being that reasonable man would term it abnormal’
What did s.52(1)(a) say (2nd element) ?
AMF must be caused by recognised medical condition (RMC)
What makes an illness a RMC ?
must be recognised/diagnosed by a medical professional w evidence
What are some examples of RMC ?
Seers- depression
Hobson- Battered woman syndrome
Who set out some examples of RMCs ?
World Health Organisations International classification of diseases ICD-11
What is the 3rd element of DR and under what section?
the RMC impaired their mental responsibility s.52(1)(b)
What are the 3 categories for a RMC impairing mental responsibility & sections ?
can’t understand nature of conduct s.52(1A)(a)
form rational judgement s.52(1A)(b)
exercise self control s.52(1A)(c)
What did R V Lloyd est. substantial impairment meant ?
not total but more than trivial
What did the Supreme Court in R V Gould say about substantial impairment ?
‘substantially’ should be given ordinary meaning by judge
When may a D be unable to understand the nature of their conduct & what case ?
D doesn’t know what they are doing/delusional (Dietschmann)
When may a D not be able to form a rational judgement & case?
D can’t make sensible choices/ do right thing (Ahluwalia)
When will a D not be able to exercise self-control & case?
D cannot control urges/actions (Byrne)
what must we prove about the AMF ?
‘AMF provides explanation for Ds conduct if it causes/signif. factor in causing D to carry out conduct’
What must we be aware of and apply if included in the scenario?
any intoxication of D
What does the case of R V Dowds say about DR?
intoxications is not an AMF and will not be enough for DR
How do the courts decide if a D can/cannot still use DR due to intoxication?
ignore the impact of intox. and decide if D would’ve killed V if sober
What case set out the rules for intox. with DR?
Lord Hutton in R V Dietschmann
How does Alcohol Dependency Syndrome differ the situation?
seen as RMC and can raise DR
What does R V Wood say about alcohol dependency?
ADS- when the prolonged use of drink/drugs has led to brain damage and can leave the D addicted
