Diminished Responsibility Flashcards
Where is the law of diminished responsibility found
Homicide Act 1957
Where was it amended
Coroners and Justice Act 1998
What if the defendant suffered from an abnormality of the mind
Could include depression, mercy killings, premenstrual syndrome and battered woman syndrome
R v Byrne
D murdered a young girl staying in a hostel while having irresistible urges which he could control.
R v Martin
Suffering from a paranoid personality disorder when he paranoid personality disorder when he killed an intruder in his home
Substantial cause (Homicide act 1957)
The defendants abnormality needs to have been a substantial cause of the killing but not necessary, the only cause
Significant Contributory Factor
(Coroners and Justice Act)
The abnormality must have cause, or at least be the significant contributory factor to the killing
R v Dietschmann
The defendant was suffering from depression when he killed the victim.
Substantially impaired ( Homicide Act 1957 )
The abnormality substantially impaired the defendants mental responsibility for their acts.
Substantially impaired ( Coroners and Justice Act )
The abnormality of mental functioning must have substantially impaired the defendant
3 criteria for impairment
- understand the nature of their conduct
- form a rational judgement
- excercise self control
The word ‘substantial’
The impairment must be more than minute of trifling.
Burden of Proof ( Coroners and Justice Act )
The defence must prove that the defendant was suffering from diminished responsibility at the time of the offence on the balance of probabilities is required from at least two witnesses
Suicide Pact
If a surviving person of a pact for two people to die can prove they both intended to die, the charge will be reduced to voluntary manslaughter
