Diminished responsibility Flashcards
What act is the defence of diminished responsibility covered in?
S.2 of the Homicide Act and amended by S.52 of the Coroners of Justice act.
What does the act state about diminished responsibility?
Person is not to be convicted of murder if:
1) Suffering from an abnormality of mental functioning which:
a) Caused by a recognised medical condition
b) Substantially impaired Ds ability to understand nature of the conduct, form rational judgement, exercise self-control.
c) Provides an explanation for the killing
What is meant by abnormality of mental functioning?
Must be suffering from an abnormality of mental functioning.
R V Byrne:
- Sexual physchopath mutilated victim. Claimed he was unable to control his desires and acted under impulse.
- Decided it was up to the jury to decide what was covered.
‘State of mind so different from a normal person a reasonable ordinary man would consider it abnormal.’
What is meant by recognised medical condition?
Abnormality must come from a medical condition and evidence will be required from medical professionals.
Includes psychological conditions and physical conditions.
R V Tandy:
- Alcoholic strangled her daughter.
- Stated she was able to exercise a degree of control over her drinking so was dismissed.
- Must show the drinking was completely involuntary.
R V Wood:
- Alcoholic, who after 2 days of heavy drinking killed a man who was performing oral sex on him while he was asleep.
- If they become so drunk they suffer an abnormality they may be acquitted.
What is meant by substantially impaired?
Amount of impairment needed is up to the jury. Does not need to be total impairment as long as it is more than minimal.
R V Lloyd:
- D strangled wife. Lack of evidence that his abnormality was substantially impaired + no medical condition.
What needs to be substantially impaired?
- Ability to understand the nature and conduct of the act.
- Unable to form a rational judgement.
- Unable to exercise self control.
(Only one needs to be impaired)
What is meant by provides an explanation?
The abnormality may be the reason for the killing although it does not have to be the sole reason.
What is the effect of intoxication?
Intoxication alone is not an abnormality.
R V Di Duca:
- Claimed toxic effect from alcohol had caused abnormality.
- Dismissed as there was no evidence it had caused this.
If all elements of DR are proved and the defendant was drinking the defence will still be available.
R V Dietschmann:
- Aunt died who he was having affair with became depressed. Victim broke the watch given to him as a present.
- Drinking + depression could have both played a part so defence available.
Burden/standard of proof and effect of the defence?
BOP on D to convince the jury that they are suffering from DR.
Reduces sentence to voluntary manslaughter.
