Diminished responsibility BASIC Flashcards
What is diminished responsibility?
Special and partial defence to a charge of muder, introduced by s.2 of homicide act, further amended by CJA 2009 to allow for wider mental ilness to be accounted for.
What are the 4 elements of DR?
1) An abnormality of mental functioning
2) Which arose from a recognised medical condition
3) Which substantially impaired D’s ability to
a) Understand the nature of his conduct
b) Form rational judgement
c) Exercise self control
4) Provides an explanation for D’s Acts and or ommissions in doing or being party to the killing
What is considered 1. ‘ An abnormalilty of mental functioning’?
R v Byrne the CA described this as a state of human mind so different from that of an ordinary human being that the reasonable man would term it abnormal.
What is 2. a recognised medical condition?
The abnormality must rise from a recognised medical condition, whcih can be psychological and physical.
Medical evidence must be given at trial by a expert
What are psychological medical conditions?
Depression, Paranoia, Battered wife syndrome
What are physical conditions?
Diabetes, Epilepsy, sleep disorders
What are the 3 things that are substantially impaired by the medical condition/
a) Impairs D’s ability to understand the nature of his conduct
b) Form rational judgement
c) Exercise self control
What is meant by a) Impaired abilty to understand the nature of his or her conduct?
This covers situations where D is in an Automatic state and does not know what he is doing.
- Covers those with severe learning difficulties whose mental age is low.
- Covers where D suffers delusions e.g. believes he is killing a demon
What case represent 3(a) Understand nature of his conduct?
R v Dietshcmann
What is meant by substantially impairing b) D’s ability to Form rational judgement?
D is unable to form rational judgement about their acts or omissions
- Those who are suffering from e.g. SZ, may not be able to form rational judgement.
What cases relate to b) D’s ability to Form rational judgement?
R v Hobson - showcases inability to form rational judgement
- R v Martin -
What is meant by c) Impaired ability to exercise self control?
- Byrne showcases that medical evidence shows that said condition meant D was unable to control his perverted desires, and so could use DR.
- Not necessary to show complete loss of control
- ANY EVIDENCE OF PLANNING SHOWS MENTAL ABILITY WAS NOT IMPAIRED
Regarding element 3, what 3 cases relate to the meaning of Substantially impaired?
- R v Byrne states the jury decides if the degree of impairment was substantial.
- R v Seers held that substantially means more than trivial but not total or absolute impairment.
- R v Golds held that substantial meant weighty.
4) Provides an explanation for D’s Acts and omissions in doing or being party to the killing.
- D has to prove that the abnormality of mental functioning provides an explanation for his acts or omissions.
- Abnormality must be caused by an inside source e.g. disease, external factors causing the abnormality such as drugs or alcohol cannot be taken into account unless the abnormality was as a result of the diseases long term damage
What case related to element 4?
> R v Tandy - D was a prolonged alcoholic and usually drank wine, one day she drank a whole bottle of Vodka, and strangled her 11 year old daughter when she had told her her step dad had sexually abused her.
Held:Guilty as D couldn’t show that the drinking was involuntary, or that her brain had been impaired.
