diminished responsibility Flashcards
what does it reduce to
murder to manslaughter
define DR
a person who kills shall not be convicted of murder if h was suffering from an abnormality of mental functioning that
a )arose from a recognised medical condition
b )substantially impairs Ds ability to understand the nature of his conduct, form rational judgement/ self control
c) provides an explanation for Ds act / omissions in killing
what is element 1 and define
abnormality of mental functioning
- a state of mind so different from an ordinary human that the RM would call it abnormal
byrne
d was a sexual psycho who killed a woman
COULD RELY
POL- RM deemed behaviour abnormal
what’s the GENERAL rule on mental functioning and intoxication and the case stating it
the short term effects of drinks and drugs will not suffice as an abnormality of mental functioning
-dowds
dowds
claimed he was a binge drinker, killed his partner with a knife by inflicting 60 wounds, claimed so drunk couldn’t remember
COULDNT RELY
POL- intoxication is not a defence for DR
what is the exception for cases involving intoxication
if there’s another cause of abnormality of mental functioning the courts must ignore intoxication and focus on that
dietschmann
d had an adjustment disorder ( causing depression ) following the death of his aunt, V taunted D , D heavily drank and killed V
COULD RELY DR
POL- ignore intoxication as was an additionally reason to abnormality of mental functioning
what is the only intoxicated medical condition allowed
ADS - Alchohol dependance syndrome , where the longterm impact of alcohol has caused brain damage
stewart
D was a chronic alcholohic sleeping rough, killed a man in a fight
COULD RELY
POL-ADS is a recognised medical condition
what is element 2 and define it/ what does it include inc i.e, what is crucial
recognised medical condition
-covers physical and psychological conditions, ie. depression , ADS, BWS, diabetes, sleep disorders, epilepsy
- medical evidence is crucial
aluwhailia
BWS
D physically abused over no. of yrs, husband threatened er with violence . in husbands sleep D poured petrol over him and set alight
COULD RELY
POL- battered wife syndrome recognised condition
what is element 3
2 factors
what must it be
substanstially impairing Ds ability to
a) understand his conduct
b) form rational judgement / exercise self control
- must be less than total but more than trivial or minimal
golds
pol important
D sexually assaulted and killed his partner, had history of a mental disorder
COULDNT RELY DR
POL- only minimal impairment of the mind must be substantial
what is element 4 and explain
it provides a explanation of Ds acts/ omission to killing
- doesn’t have to be sole cause just a significant contribution
