fatal offences: voluntary manslaughter - diminished responsibility (with intoxication)

Question 1

what act governs diminished responsibility including intoxication?

Answer 1

S52 Coroners and Justice Act 2009

Question 2

name and explain the 3 intoxication situations

Answer 2

• if the D’s conduct is due to intoxication and they have no abnormality of mental functioning, the defence is unavailable (Dowds)
• if the D has an AMF, but it is unrelated to intoxicatiom, disregard the intoxication and apply the test as normal (Dietschmann)
• if the D has an AMF that us related to alcohol dependency syndrome, apply the modified test provided by Stewart

Question 3

explain step 1: abnormality of mental functioning

Answer 3

• was the D’s state of mind so different to an ordinary person that a reasonable man would consider it abnormal (Lord Parker CJ)
• the AMF does not have to be permanent or present at birth (Gomez)

Question 4

explain step 2: recognised medical condition

Answer 4

• AMF must be caused by a medical condition recognised on the World Health Organisation list
• if D’s intoxication is related to intoxication they must be suffering from: alcohol dependency syndrome (Stewart) or alcoholism (Wood)
• the D’s drinking of alcohol does not have to be 100% involuntary and it does not have to have caused them brain damage (Wood)
• medical evidence is required of the RMC for a successful defence (Bunch)
• if the medicial evidence is uncontested, the medical charge is withdrawn from the jury (Brennan)

Question 5

explain step 3: substantial impairment

Answer 5

• consider the extent to which the alcohol has affected the D’s behaviour: the extent+seriousness of the D’s dependency on alcohol, the extent of the D’s ability to control their drinking or choose whether to drink or not was reduced
• consider whether this substantially impaired the D’s ability to: understand the nature of their conduct (Stewart), form a rational judgement (Simcox), exercise control (Byrne)
• consider whether the impairment is more than the minimal/trivial cause of the D’s conduct that led to the killing (Lloyd)

Question 6

explain step 4: AMF explains the D’s conduct

Answer 6

• there must be a casual link between the D’s AMF and the conduct that led to the killing (S2(1) Homicide Act 1957)
• the AMF explains why the D killed the V and was the significant factor which caused the D to kill (S1(B) Homicide Act 1957)