Dimminished Responisibility

Question 1

DR partial defence reduced to manslaughter

Answer 1

:A person who kills or is party to the killing of another is not to be convicted of murder if he was suffering from an:

Question 2

Tests

Answer 2

S52 (1) Abnormality of mental functioning - This was defined as being “a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal.” Byrne
S52 (1) (a) Recognised medical condition – this requires supporting medical evidence. It covers physical conditions such epilepsy, diabetes and sleep disorders. It also covers psychological conditions including depression, paranoia Martin and battered woman syndrome. Ahluwalia
S52 (1) (b) Substantially impaired - The abnormality of mental functioning must substantially impair the D’s mental responsibility for his act or omissions in doing or being a party to the killing. Lloyd held that ‘substantial’ needs to be more than trivial, but not total, impairment. The D’s ability to do one of the three things must be substantially impaired:

· Understand the nature of his conduct - this covers situations where the D is in an automatic state and does not know what he is doing. It also covers D’s who suffer from delusions. It could also cover D’s who suffer from severe learning difficulties.

· Form rational judgement - Those suffering from paranoia or schizophrenia may not be able to form a rational judgment. Battered Women’s Syndrome and coercive control (Challen) are also a recognised medical conditions which may affect a D’s ability to form a rational judgement.

· Exercise self-control - Medical evidence may prove that the condition that the D is suffering from results in them being unable to control their behaviour.
S 52 (1) (c) Provides an explanation for D’s acts or omissions in doing/ being party to the killing - There must be a causal connection between D’s abnormality of mental functioning and the killing. The abnormality of mental functioning may not be the only cause but must be a significant factor. Intoxication alone CANNOT be used for the defence of diminished responsibility. However, the law has struggled where a D is suffering from abnormality of mental functioning but is also intoxicated at the time that he commits the murder Diechmann. There is a recognised medical condition called Alcohol Dependency Syndrome (ADS), the leading case is now Wood.tes

Question 3

Burden of proof

Answer 3

The burden of proof is on the defendant, to prove a recognised medical condition on the balance of probabilities. The defendant must call upon evidence from medical experts to prove he was suffering from diminished responsibility.