Diminished Responsibility Flashcards
What was the defence of diminished responsibility originally created under?
S2 of the homicide act 1957
Why was the defence of diminished responsibility originally created?
Due to the narrow definition of insanity
How has the definition of insanity changed?
It has now been given a broad interpretation
What did S2 of the homicide act 1957 do?
Create the defence of diminished responsibility
What lead to the homicide act being amended?
The law commissions 2006 report of murder, manslaughter and infanticide
When was the law commissions murder, manslaughter and infanticide report?
2006
Which report was in 2006?
The law commissions murder, manslaughter and infanticide report
What amended the homicide act 1957?
S52 of the coroners and justice act 2009
What did the law commissions 2006 report of murder, manslaughter and infanticide state?
That the defence ‘was now badly out of date’ and it did not reflect a modern psychiatric approach
What is diminished responsibility?
A form of voluntary manslaughter which is a partial defence to murder.
How has the new definition of diminished responsibility affected the defence?
The definition has streamlined the defence
What is the aim of the new legislation?
To update the terminology so it encourages the defence to be grounded in a medical diagnosis and in a way that will accommodate future medical developments
What did the old defence refer the defendant as suffering from?
An ‘abnormality of mind’
What does the current defence refer to a defendant as suffering from?
An ‘abnormality of mental functioning’
What does s52 of the coroners and justice act 2009 state? (In depth)
A person who kills or is party to the killing of another is not to be convicted of murder if he/she was suffering from an abnormality of mental functioning which:
Arose from a recognised medical condition
Substantially impaired the defendants ability to understand the nature of his conduct or form a rational judgement and
Provides an explanations for the defendants acts and omissions in doing or being a party to the killing
What does s52 of the coroners and justice act 2009 state? (Basic)
Suffering from abnormality of mental functioning which:
Arose from recognised medical condition
Form rational judgement, understand nature of conduct, exercise self-control
Acts and omissions
Why was the term ‘abnormality of mind’ changed?
The law commission said that ‘abnormality of mental functioning’ is a term preferred by psychologists
What is the test for abnormality of mental functioning?
The reasonable man test, this is the same as under the homicide act 1957.
Despite changes, what about ‘abnormality of mental functioning’ is the same?
That the test is still the reasonable man test, as it was under the previous homicide act 1957
Where was the reasonable man test set out?
R V Byrne (1960)
What is the date of R v Byrne?
1960
What does the case of Rv Byrne provide?
An objective test so you can measure the behaviour of the defendant against that of a normal man
What happened in the case of R v Byrne (1960)?
He was a sexual psychopath who suffered from perverted sexual desires which he was unable to control. While under the influence of one of these, he strangled a girl and mutilated her body.
What was the outcome of the case of R v Byrne?
His murder conviction was reduced to manslaughter on appeal
What did the courts say in the case of R v Byrne (1960)?
That abnormality of mind meant ‘a state of mind so different from that of an ordinary person that the reasonable man would term it to be abnormal’
How may the abnormality of mental functioning arise?
From a condition recognised by medical professionals
What is the aim of having a list of conditions recognised by medical professionals?
To modernise the defence and bring it into line with medical understanding of mental illness
The defence is only available when…
The defendant was suffering from a medically recognised condition when he/she killed the victim
What were some of the conditions under the old defence which supported a finished responsibility plea?
Battered woman syndrome
PMS
Depression
Why may courts refer to the old defence?
Because there is not an updated list of recognised medical conditions and judges need something to go by. They are also allowed to refer to it as its been amended - not abolished
What case is relevant to abnormality of mental functioning?
R v Osborne (2010)
What case happened in 2010?
R v Osborne
In what year did the case of R v Osborne happen?
2010
What is the case of R v Osborne (2010) relevant to?
That adhd could support a defence of diminished responsibility
What is has the coroners justice act 2009 done?
Simplified ‘substantial impairment of responsibility’ by stating the abnormality of mind must have ‘substantially impaired’ the defendants ability to do one of the three:
Understand nature of their conduct
Form rational judgement
Exercise self-control
What are the factors which at least one of must be ‘substantially impaired’?
Understand the nature of his/her conduct
Form a rational judgment
Exercise self control
What is the problem with the criteria the coroners and justice act 2009 has simplified?
It’s very subjective. It is down the the jury if they believe the factors in these defendants has been ‘substantially impaired’. This could result in unfair outcomes as people have managed to convince the jury this is the case when in fact they have just used it as an excuse for murder.
What does the coroners and justice act 2009 not define?
The term substantially impaired
What is the problem with the coroners and justice act 2009 not defining ‘substantially impaired’?
It is difficult to know what parliaments intentions where when they passed the act. Courts may be influenced by a similar phrase in the old defence which undercuts the defence of diminished responsibility.
What was the similar phrase to ‘substantially impaired’ in the old defence?
More than trivial but less than total impairment
What case was the term “more than trivial but less than total impairment” decided in?
R v Lloyd (1967)
What is the case of R v Lloyd (1967) relevant to?
The coroners and justice act 2009 not defining the term substantially impaired, resulting in courts referring to the similar principle in this case
What year was the case of R v Lloyd?
1967
What case took place in 1967?
R v Lloyd
What case reiterated the definition of substantially impaired?
R v Gold (2014)
What is the case of R v Gold (2014) relevant to?
The courts interpreting the same meaning ‘substantial’ which was very similar to that given in Lloyd
Even if you have an abnormality of mental functioning, when may the defence not be available to the defendant?
If the defendant can’t prove the abnormality of mental functioning was the cause/significant contributory factor to the defendants behaviour at the time of the criminal offence being committed.
What case illustrates when the defence will not be available to the defendant?
R v Osborne (2010)
What year was the case of R v Osborne?
2010
What case happened in 2010?
R v Osborne
What is the case of R v Osborne (2010) relevant to?
If abnormality had no impact on the defendants behaviour then the defence will not be available to them
What happened in the case of R v Osborne (2010)?
The defendant had been smoking cannabis, the defendant grew angry and a fight erupted and the defendant hit the victim over the head with a plank of wood.
What was the outcome of R v Osborne (2010)?
There was new evidence suggesting the defendant had adhd, but the court concluded the defence was not available to him because it was more likely the drug taking gave rise to his anger, not his adhd.
Briefly, what are the evaluation points for diminished responsibility…
Modern medical knowledge
Mercy killings
Stigma
Jury not doctors
Explain the modern medical knowledge evaluation point…
The defence takes into account modern medical knowledge and the phrase ‘recognised medical condition’ allows for flexibility.
What is the problem with the new term ‘abnormality of mental functioning’?
It may be interpreted more narrowly than ‘abnormality of the mind’
Explain the mercy killings evaluation point…
Under the old defence there was more leeway for courts to take a practical approach to mercy killings. There used to be a loophole where defendants could use the defence but this has been slightly tightened. Some believe this is unfair but the debate involves personal opinions of euthanasia.
Explain the evaluation point of stigma…
People avoid using the finished responsibility plea because of the stigma mental health issues carry
Explain the juries - not doctors evaluation point…
There’s a debate about if it is fair and appropriate for the jury to decide in the end if the defendant was suffering from an abnormality of mental functioning. They say psychiatrists and doctors should have some input.
Explain domi sinister responsibility and intoxication…
It becomes more complicated as under the old defence there was a considerable amount of case law. Now, it is not clear if courts will adopt the same approach
What case is relevant to diminished responsibility and intoxication?
R v Fenton (1975)
What is the case of R v Fenton relevant to?
Diminished responsibility and intoxication and that a mental abnormality cause by drink or drugs was not usually sufficient for a diminished responsibility plea
What case happened in 1975?
R v Fenton
In what year did R v Fenton happen?
1975
What is more complex that diminished responsibility and intoxication?
If the defendant has a pre-existing abnormality of the mind and is intoxicated
What case is relevant to intoxication and having a pre-existing medical condition?
R v Egan (1992)
What did the case of R v Fenton (1975) set out?
That a mental abnormality which had been caused by the consumption of alcohol or drugs was not usually sufficient for a diminished responsibility plea
Which case did R v Egan (1992) confirm?
R v Gittens
What was set out in the case of R v Egan (1992)?
‘Was the defendants abnormality of the mind such that he would have been under diminished responsibility, drink or no drink?’
What case happened in 1992?
R v Egan
In what year did the case of R v Egan happen?
1992
What case happened in 1992?
R v Egan
What are the situations when the abnormality of mind is CAUSED BY intoxication?
Where the defendants long term alcohol and/or drug abuse has led to brain damage or psychosis
Long term alcoholism or drug abuse may amount to a disease
For the plea of diminished responsibility to be available to you if you have an abnormality of mind caused by intoxication, what must your dependence be like?
Your dependance must be involuntary. You must prove that you cannot control your drinking
What is the debate surrounding diminished responsibility and abnormality of mind cause by intoxication?
Some argue that it is bad these principles are in place because it means people can get away with crimes and claim they are dependant when alcohol or drugs when they are not.
However, as proved in Tandy (1989) and many other cases this is not true. It is very difficult to prove that your drinking or drug taking is involuntary.
What is the case of R v Tandy (1989) relevant to?
That it is very difficult to plea diminished responsibility if you have a pre-existing medical condition caused by intoxication as this is difficult to prove
What case happened in 1989?
R v Tandy
What year was the case of R v Tandy?
1989
What happened in the case of R v Tandy (1989)?
The defendant was an alcoholic and had just consume a bottle of vodka and then killed her young daughter who said she was abused by Tandys husband
What was the outcome of R v Tandy (1989)?
The plea was not available to her as it wasn’t proved her drinking was involuntary (could resist the urge to drink) or that her brain had been injured by alcohol. She was convicted of murder and her appeal was dismissed.
What did the case of R v Wood (2008) set out?
That alcohol dependence syndrome may amount to a disease or illness, if so the plea is available provides there’s evidence of brain damage or the jury believes the drinking is involuntary
What did the case of R v Wood (2008) do?
Clarify the principles set out in Tandy (1989)
What is the case of R v Wood (2008) relevant to?
The clarification of principles in Tandy
What case happened in 2008?
R v Wood
In what year did the case of R v Wood happen?
2008
What case clarified the principles set out in Tandy (1989)?
R v Wood 2008
What is the problem with public policy and the abnormality of mind caused by intoxication?
There are many different levels of alcoholism and it’s difficult to establish at which point the defendants need to reach for the defence to be available. This is difficult to establish and then prove which is why the plea isn’t wishes accepted in this regard.
However, it is good in it can help and rehabilitate those who actually have a problem
