Diminshed Responsibility

Question 1

Defence and act ?

Answer 1

D could try and raise the special and partial defence to murder of DR.
The law is contained in s.52 Coroners & Justice Act 2009 which amended s.2 Homicide Act 1957.

Question 2

Charge?

Answer 2

If successful it will reduce the murder charge to voluntary manslaughter and the judge will have discretion with regards to sentencing (maximum life)
D will have to prove the elements of the defence on the balance of probabilities and medical evidence will be required to support the defence (Bunch)

Question 4

Permanence?

Answer 4

There is no need for it to be permanent, but it must exist at the time of the killing

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Question 5

RMC?

Answer 5

This must arise from a recognised medical condition (RMC) which can be physical, psychiatric or psychological.
It includes all conditions acknowledged by WHO such as depression (Seers), paranoid personality disorder (Martin) and BWS (Ahlawalia)

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Question 6

Nature of conduct?

Answer 6

The AMF must substantially impair D’s ability to understand the nature of his conduct, form a rational judgement or exercise self-control. In Golds the Court of Appeal, stated ‘substantial’ is a question that should be left to the jury, but if they require assistance the judge will direct that it must be “significant or appreciable” impairment

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Question 7

Explanation?

Answer 7

Finally, the AMF must provide an explanation for D’s conduct in killing I.e. there must be a causal connection if must be the cause it a significant contributory factor

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Question 8

AMF?

Answer 8

At the time of the killing D must be suffering from an abnormality of mental functioning (AMF).
His ‘mental functioning must be so different from that of ordinary human beings that the reasonable person would regard it as abnormal’ (Byrne)