Diminished responsibility- voluntary manslaughter

Question 1

What is the diminished responsibility structure?

Answer 1

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.

Question 1

What should be included in a diminished responsibility intro?

Answer 1

-partial defence
-S52 CAJA 2009
-Reduction of offence to voluntary manslaughter
-Discressionary life sentence
-D must prove their defence beyond the balance of probabilities.

Question 2

What section does an abnormality of mental functioning come under?

Answer 2

S52 (1)

Question 3

What case describes an abnormality of mental functioning?

Answer 3

R V Bryne

Question 4

R V Bryne

Answer 4

A state of mind so different to the ordinary person, that a reasonable man would deem it unreasonable.

Question 5

What cases illustrate an RMC?

Answer 5

-Speake
-Gittens
-Smith
-Wood
-Dowds

Question 6

What is included in an RMC?

Answer 6

-paranoid depression/ schizophrenia
-PTSD
-Other mental health conditions.

Question 7

What section does an RMC come under?

Answer 7

-s52 (1) (a)

Question 8

R V Speake?

Answer 8

-Mental deficiency (any issue)

Question 9

R V Gittens?

Answer 9

Chronic depression

Question 10

R V Ahluwalia?

Answer 10

-Battered Woman’s syndrome

Question 11

R V Smith

Answer 11

-PMS

Question 12

R V Wood

Answer 12

-Alcohol dependency syndrome is an RMC.

Question 13

R V Dowds

Answer 13

-Drunkenness is not a recognised medical condition

Question 14

What must an RMC be confirmed by?

Answer 14

-Doctors or medical authority.

Question 15

R V Campbell

Answer 15

RMC must be confirmed by doctors or medical authority

Question 16

What section does a substantial impairment of mental responsibility come under?

Answer 16

S52 (1) (B)

Question 17

What three criteria for a substantial impairment of mental responsibility?

Answer 17

1-Able to understand nature of conduct
2- Form rational judgement
3-Excercise self control

Question 18

R V Egan?

Answer 18

Substantial mental impairment meant more than trivial but less than total.

Question 19

what section does the abnormality of mental functioning must be a cause of significant contributory factor towards the death come under?

Answer 19

S52

Question 20

R V Goulds

Answer 20

A significant contributory factor is considered an ordinary word that the jury can understand without assistance.

Question 21

What are the two things to apply if intoxication is involved in DR?

Answer 21

1- when D is suffering from DR and Intox simultaneously, jury should disregard intoxication.
2-When alcohol dependency is the RMC, did it lead to or significantly contribute to the D’s conduct.

Question 22

R v Dietschmann

Answer 22

‘Has D satisfied you that, despite his drink,

his mental abnormality substantially impaired his mental responsibility for his fatal acts, or not?