Diminished Responsibility: Voluntary Manslaughter Flashcards
Define diminished responsibility
A partial defence to murder in which the defendant must prove that they’ve suffered an abnormality of mental functioning, arising from a recognized medical condition, which provides an explanation for why they killed the victim
It also needs to be proved that the abnormality substantially impaired their ability to understand the nature of their conduct, form a rational judgement and exercised self - control
These elements need to be proven using medical evidence on the balance of probabilities in court, the burden of proof being on the defendant
What statute does diminished responsibility come under?
Coroners & Justice Act 2009, defined under s2 (1)
Outline the four requirements needed to successfully rely on the diminished responsibility?
- Abnormality of mental functioning
- Caused by recognized medical condition
- Due to the abnormality, the defendants ability to understand the nature of their conduct, form a rational judgement & exercise self - control was substantially (more than trivial) impaired
- These requirements provide an explanation for the defendant’s conduct, in that it was significant in them carrying out the unlawful conduct
Abnormality of mental functioning
Abnormal state of mind
R v Byrne [1960] - defendant’s psychopathy was deemed sufficiently different from a normal mind to be classified as normal
Recognized medical condition
Meaning recognized by the World Health Organization
Doesn’t have to be serious, just satisfy the other elements
Squelch [2017] - paranoid personality disorder is sufficient
Conroy [2017] - so is autism spectrum disorder
Effect of the abnormality
1) Recognize the nature of their conduct
2) Form a rational judgement
3) Exercise self - control
Failing to understand the conduct could mean the defendant didn’t know what they were doing
Same with forming a rational judgement
Being unable to exercise self - control would mean not being able to control such desires
Osborne [2010] - having an illness or disorder, e.g. attention deficit hyperactivity disorder doesn’t mean the impairment is substantial
Requirements for diminished responsibility & intoxication
- The defendant doesn’t suffer from alcohol dependency syndrome but an abnormality of mental functioning due to a disease or condition and is intoxicated, e.g. takes anti - depressants for depression and also voluntary chooses to drink. The jury then needs to consider whether the impact of the abnormality (not intoxicated) diminished their responsibility to the killing under s2 (1A) - s2 (1B) states that as long as the defendant’s abnormality of mental functioning was a ‘significant contributory factor in causing the defendant to carry out their conduct’ the defendant can use the defence even if drunk at the time of the murder, e.g. R v Joyce & Kay [2017]
- The defendant does suffer from alcohol dependency syndrome, then that’ll be treated as an abnormality. In the jury decides that the abnormality has caused involuntary drinking, then involuntary intoxication can count as an abnormality, e.g R v Dowds [2012]
Can suicide pacts come under diminished responsibility?
s4 (3) holds that a person who helps another to commit suicide as part of a pact will be convicted of encouraging or assisting the suicide of another. The Law Commission has argued that this law should be reformed to include suicide pacts as part of the defence
Can mercy killings & euthanasia come under diminished responsibility?
It’s currently not a defence in English Law.
Lord Neuberger argues that it’s previously been allowed
Does infanticide come under diminished responsibility?
Yes, and if proven guilty the defendant will be charged with infanticide, not manslaughter
Helen Howard argues that the law is more concerned with the vulnerable defendant as opposed to the victim, although realistically the law should consider the circumstances of the psychological impact of the birth and early parenthood
