Diminished responsibility Flashcards
What is diminished responsibility ?
DR is a special defence to Murder, meaning if successful a murder charge would be reduced to voluntary manslaughter
What the definition of DR in S2(1) Homicide act (as amended by S.52 Coroners Justice Act) ?
S2(1) A person who kills is not to be convicted of murder is he was suffering from an abnormality of mental functioning which :
Explain what was meant by abnormality of mental functioning with the case of Byrne :
It was held in Byrne COA described this as ‘a state of mind so different of that of ordinary human beings that the reasonable man would term it abnormal’
What does it state in S.2(1)(a) ?
S.2(1)(a) states it must have arose from a recognised medical condition
Two recognised medical conditions are Alcohol dependence syndrome and Battered wife syndrome, what happened in the case of R v Wood and R v Ahluwalia
ADS - R v Wood - It was held that the ADS does not have to show it causes the D brain damage nor that their drinking was involuntary. It is up to jury to decide if voluntary and to what extent
BWS- Ahluwalia - BWS held as a medical condition now
What does S.2(1)(b) state ?
S.2(1)(b) it substantially impairs D’s ability to :
understand the nature of his conduct , form a rational judgement or exercise self-control
The case of Byrne ruled it was up to the jury to decide whether impairment was substantial but Lloyds case built on what was said , what was held ?
The case of Lloyd’s added that substantial impairment did not mean ‘total-impairment’, nor does it mean ‘minimal impairment’
Explain what is meant by ability to understand nature of conduct :
Must be in automatic state and does not know what he/she is doing.
May have delusions
May have severe learning difficulties where mental age is low
Explain what is meant by the ability to form a rational judgement :
Paranoia or schizophrenia sufferers may not be able to form a rational judgement, even if they understand the nature of their conduct
Explain what is meant by the ability to exercise self control
The case of Byrne, D was unable to control his perverted desires (medical evidence helped prove this) so courts held the defence of DR was available to him
What would not be counted as a medical condition ? What was held in the case of Di Duca
In the case of Di Duca it was held immediate effects of taking drugs or drinking alcohol was not a ‘medical condition’ even if it did have an effect on the brain.
So a transient state of intoxication cannot be abnormality in mental functioning
What case may be an exception to the above ?
R v Dietschmann
