Dimished Responsibility Flashcards
What is meant by diminished responsibility
Partial defence to murder based up on recognition of a recognised medical condition that if successful, results in verdict of voluntary manslaughter that doesn’t carry a mandatory life sentence
What act does Diminished responsibility come under
S2(1) Homicide act 1957 as amended by s52 of the coroners and justice act 2009
What does the Reformed act of diminished responsibility state
A person who kills or is a party to a killing of another is not to be convicted of murder if he was suffering from an abnormality of mental functioning
What is the test for diminished responsibility
Suffering from an abnormality of mental functioning which:
A) arose from a recognised medical condition
B) substantially impaired ds ability to do one of the following:
i)understand nature of his conduct
ii) form a rational judgement
iii) exercise self control
What is element 1 of the diminished responsibility test, what case supports
Abnormality of mental functioning which arose from a recognised medical condition, r v Byrne 1960
What is the second element of diminished responsibility test
Substantial impairment s52(b) of coroners and justice act 2009
What cases support substantial impairment
R v Byrne, r v loyd, r v golds
What are the 3 parts to substantial impairment
To understand nature of his conduct, to form a rational judgement, exercise self contol
What is the rule on intoxication in diminished responsibility
Intoxication alone cannot support the defence of diminished reponsibility- r v dowds
How can intoxication lead to diminished responsibility
May be available if there is a pre existing abnormality of mental functioning and intoxication at the time of the killing or if d has ads
What is meant by ADS
Alcohol dependancy syndrome- person cannot control consumption of alcohol- involuntary drinking
Who is the burden of proof on when finding diminished responsibility
S2(2) HA 1957 provides the burden of proof is on the d. So unless d can show he was suffering from such abnormality he will be convicted of murder
