Diminished Responsibility Flashcards
s.2 Homicide Act 1957
Defined in
s.52 Coroners and Justice Act 2009
Amended by
A person who kills may be convicted of manslaughter>murder if he or she was suffering from an abnormality of mental functioning which -
(a) arose from a recognised medical condition
(b) substantially impaired D’s ability to
(i) understand the nature
of his conduct
(ii) to form a rational
judgement
(iii) to exercise self-control
(c) provides an explanation for D’s acts and omissions in killing
Abnormality of mental functioning
‘a state of mind so different from that of an ordinary human beings that a reasonable person would term it abnormal’
-Byrne 1960
Recognised medical condition
Psychological and physical conditions according to established medical classifications
Psychotic condition
Golds 2016
Post-natal depression
Boots 2012
Mental disorder
Brennan 2014
Alcohol Dependency Syndrome
Wood 2008
Depressive Illness
Dietschmann 2003
Asperger’s syndrome
Jama 2004
Battered Spouses’ Syndrome
Hobson 1997
Dowds 2012
Excludes voluntary intoxication and immaturity
s.52(1A)(a)
To understand the nature of his conduct
s.52(1A)(b)
To form a rational judgement
s.52(1A)(c)
To exercise self-control
What amounts to ‘substantial’?
The impairment must be more than merely trivial, but D’s mental functioning need not be totally impaired
s.52(1)(c)
D has to prove that the abnormality of mental functioning provided an explanation for his acts (or omissions)
-causes D’s conduct, or is a significant contributory factor
Intoxication alone
cannot support a defence
-Dowds 2012
Wood
ADS may support a defence, if excessive alcohol consumption has caused actual brain damage
Dietschmann
D is drunk and suffering from a pre-existing AMF, jury must ignore voluntary drinking
