Diminished Responsibility Flashcards
What Act of Parliament introduced the defence of diminished responsibility, the defence of which did not exist in English law until there?
Homicide Act 1957
Before 1957 what was the only defence available for a person with mental problems who killed?
insanity
Before 1957 Homicide Act, the only defence available for a person with mental problems who killed was insanity, what were 2 problems with the test for insanity?
the test is very narrow and many defendants who clearly suffer from a mental illness did not always come within it
Why was the defence for diminished responsibility created?
as the test for insanity was very narrow and many defendants who clearly suffered from a mental illness did not always come within it
Under what section of the Homicide Act was the defence for diminished responsibility set up?
under s2(1)
What Act has amended s2(1) of the Homicide Act 1957 for diminished responsibility ?
s.52 Coroners and Justice Act 2009
What is the effect of s.52 of the Coroners and Justice Act 2009?
A person who kills or is a party to the killing of another is not to be convicted of murder if he is suffering from an abnormality of mental functioning which
a) arose from a recognised medical condition
b) substantially impaired D’s ability to
* understand the nature of his conduct
* form a rational judgement
* exercise self control
c) provides an explanation for D’s acts and omissions in doing or being a party to the killing
Under s52 of the Coroners and Justice Act 2009, a person who kills or is a party to the killing of another is not to be convicted of murder if he was suffering from an abnormality of mental functioning which: … (3)
a) arose from a recognised medical condition
b) substantially impaired D’s ability to
* understand the nature of his conduct
* form a rational judgement
* exercise self control
c) provides an explanation for D’s acts and omissions in doing or being a party to the killing
Where does the burden of proof for the defence of diminished responsibility lie ?
with the defendant
Although the burden of proving the defence of diminished responsibility, what does the defendant need only prove it on?
on the balance of probabilities
before s52 of the Coroners and Justice Act 2009, what was the phrase used for diminished responsibility before ‘abnormality of mental functioning’?
‘abnormality of mind’
In what case did the COA describe an ‘abnormality of mind’ as a ‘state of mind so different from the ordinary human beings that the reasonable man would term it abnormal’?
Byrne 1960
What happened in the case of Byrne 1960?
D was a sexual psychopath who strangled a young woman and mutilated her body. Medical evidence showed that his condition meant he was unable to control his perverted desires. Convicted of murder, COA substituted this with manslaughter
D was a sexual psychopath who strangled a young woman and mutilated her body. Medical evidence showed that his condition meant he was unable to control his perverted desires. Convicted of murder, COA substituted this with manslaughter
What case is this?
Byrne 1960
Although the case of Byrne 1960 was on the old definition, what is likely?
it is likely that the courts will still use the same standard of abnormality
Under s2(1) of the Homicide Act 1957, as amended, the cause of the abnormality of mental functioning must arise from what?
a ‘recognised medical condition’
What does a ‘recognised medical condition’ as the cause of the abnormality of mental functioning allow to cover?
this allows both psychological and physical conditions to be covered