Diminished responsibility- voluntary manslaughter Flashcards
What is the diminished responsibility structure?
1-Intro
2-Abnormality of mental functioning
3-Has the AMF arise from a recognised medical condition
4-Substantial impairment of mental responsibility- 3 criteria
5-The AMF was a significant contributing factor to the death of the D.
What should be included in a diminished responsibility intro?
-partial defence
-S52 CAJA 2009
-Reduction of offence to voluntary manslaughter
-Discressionary life sentence
-D must prove their defence beyond the balance of probabilities.
What section does an abnormality of mental functioning come under?
S52 (1)
What case describes an abnormality of mental functioning?
R V Bryne
R V Bryne
A state of mind so different to the ordinary person, that a reasonable man would deem it unreasonable.
What cases illustrate an RMC?
-Speake
-Gittens
-Smith
-Wood
-Dowds
What is included in an RMC?
-paranoid depression/ schizophrenia
-PTSD
-Other mental health conditions.
What section does an RMC come under?
-s52 (1) (a)
R V Speake?
-Mental deficiency (any issue)
R V Gittens?
Chronic depression
R V Ahluwalia?
-Battered Woman’s syndrome
R V Smith
-PMS
R V Wood
-Alcohol dependency syndrome is an RMC.
R V Dowds
-Drunkenness is not a recognised medical condition
What must an RMC be confirmed by?
-Doctors or medical authority.