Diminished responsibility (Voluntary Manslaughter)

Question 1

Dcould plea the defence of DR in …

and

Answer 1

s2 homicide act 1957 amended by s52 Coroners and justice act 2009

Question 2

D has to establish 4 elements 
1st elements(explain-4points in the card& cite cases )

Answer 2

• D was suffering from an abnormality of mental functioning at time of the killing
• byrne defined abnormality “state of mind so diff from that of a ordinary human being that a reasonable man might term
• seers held that abnormality is not connected to madness
• Gomez held that abnormality doesn’t have to be present from birth but time of killing

Question 3

2nd element(2 points& cite cases)

Answer 3

• arising from a recognised medical condition(pyscho/physical)
• depression= gittins schizophrenia= Sutcliffe say the condition related to the problem

Question 4

3rd element (2 points& cite cases)

Answer 4

• substantial impaired D’s ability to do any of the following in s1a:
  understand nature of his conduct, form rational conduct, exercise self control
• Lloyd defined substantial impairment “ doesn’t mean total but more than minimal” confirmed in brown

Question 5

4th element (2 points

Answer 5

• provides an explanation for d’s conduct

- meaning Ds abnormality need not to be the only explanation for his conduct but it must be a significant factor

Question 6

D has 2 types of burden?

Answer 6

evidential and legal burn but the former will be the civil standard on balance of probabilities

Question 7

if successful…

Answer 7

D acquitted of murder but convict Vm
- allowing judge full discretion when sentencing such as absolute discharge, suspended or probationary sentence, detention under mental health act 1983