Diminshed Responsibility Flashcards
Where is DR contained and what was it updated to
Contained in s2(1) of the homicide act 1957, was updated and amended to coroners and justice act 2009
What type of defence is DR
Special defence- just available for murder
Partial- not result in complete acquittal, but can reduce murder conviction to voluntary manslaughter
What are the 4 elements that need to be proven for DR
- abnormality of mental functioning
- recognised medical condition
- substantially impairs
- provides explanation for conduct
(1)What case is used for abnormality of mental functioning and what is said
AOMF is a state of mind so different from the ordinary person that the RM would term it abnormal (r v Byrne)
(2)What is said about recognised medical condition
The AOMF must be caused by the recognised medical condition
Both parties must provide medical evidence
What does recognised medical condition include and what case is used
Includes psychiatric/psychological/physical e.g. Byrne- psychopathy
Epilepsy/depression/sleep disorder relevant
For substantially impairs, what must the the recognised med condition impair for the D
Impair d ability to:
- understand nature of conduct
- form rational judgment
- exercise self control
What case is used for substantially impairs and what is said
R v golds- substantial extends beyond more than trivial
Who added the requirement of provides an explanation for conduct
Coroners and justice act
What does the homicide act say about providing an explanation
S1B- AOMF provides explanation for D’s conduct if it causes/is significant contributing factor in causing d to carry out conduct
Not need to be only cause but must be significant
What case says that voluntary intoxication isnt alone capable of the defence of DR
R v Dowds
What test is used for when the D is suffering from an AOMF and is intoxicated, use a case
R v dietschman
Did despite the drink the AOMF substantially impair mental responsibility for the act
Yes= defence
No= no defence
What does the case of r v woods say
The case accepted alcohol dependancy syndrome as a recognised medical condition, which is where the D is intoxicated at the time of the killing and suffers a recognised medial condition
