Diminishes Responsibility Flashcards
What is diminished responsibility?
Diminished responsibility may apply under S.2 of the Homicide Act 1957, amended by Section 52 of the Coroners and Justices Act 2009. The standard of proof is on the balance of probabilities, established in Wilcocks.
What are the four tests for diminished responsibility?
Four tests must be satisfied for diminished responsibility.
What is the first test for diminished responsibility?
Under S.2(1), the defendant must have been suffering from an abnormality of mental functioning (Byrne).
Example: D was prone to suffering outbursts of anger and aggression due to his depression when he killed his wife, which would be considered by the reasonable person to be an abnormality of mental functioning.
What is the second test for diminished responsibility?
The cause of the abnormality of mental functioning must arise from a recognised medical condition. Medical evidence will be needed (Bunch).
If two medical professionals agree there is a recognised medical condition, then D MUST NOT be charged with murder (Brennan).
What are examples of recognised medical conditions?
Recognised medical conditions include depression (Seers), Asperger’s Syndrome (Jama), adjustment disorder (Dietschmann), Battered Spouse Syndrome (Ahluwalia), schizophrenia (Khan), Alcohol Dependency Syndrome (Stewart), alcoholism (Wood), personality disorder (Martin), postnatal depression (Reynolds), pre-menstrual tension (Smith), PTSD, diabetes, epilepsy (Campbell), and sleep disorder.
What is the third test for diminished responsibility?
The abnormality of mental functioning must substantially impair the defendant’s ability to do one of three things: understand the nature of his conduct, form a rational judgement, or exercise self-control.
What does ‘substantial impairment’ mean in the context of the Homicide Act 1957?
‘Substantial impairment’ means more than trivial, but does not need to be total, and is a matter for the jury to decide.
Example: A jury is likely to find that D’s depression did substantially impair his ability to understand the nature of his conduct when he thought the voices in his head told him to kill the victim.
What must the abnormality of mental functioning provide in relation to the killing?
The abnormality of mental functioning must provide an explanation for the killing; it need not be the only factor, but it must be a significant factor.
Example: D’s depression did provide an explanation for the killing of V because it was certainly a significant factor.
Can intoxication alone be an explanation for the killing?
Intoxication on its own cannot be the explanation for the killing (Dowds). However, being intoxicated does not prevent an abnormality of mental functioning from providing an explanation for the killing (Dietschmann).
What conditions related to intoxication can provide an explanation for the killing?
Intoxication due to Alcohol Dependency Syndrome or alcoholism, which renders the defendant unable to control his drinking, or if he has drunk so much that his brain has been damaged, can provide an explanation for the killing (Stewart/Wood).
What happens if intoxication is decided to have caused the killing?
If D is intoxicated and suffers an abnormality, but it is decided that the intoxication caused the killing, D will not be able to rely on the defence (Joyce and Kay).
What is the conclusion regarding D’s liability if all tests for diminished responsibility are satisfied?
D will be liable for voluntary manslaughter not murder as all the tests for diminished responsibility are satisfied.
