Homicide - Diminished Responsibility Flashcards
What is the definition of diminished responsibility?
An abnormality if mental functioning caused by a recognised medical condition impairing D’s ability to understand the nature of D’s conduct to for a rational judgement, exercise self control and provide explanation to D’s conduct.
R v Byrne
The appellant murdered a young girl staying in a hostel. He mutilated her body and said he was suffering from irresistible impulses which he was unable to control.
It was held that an abnormality of the mind was just the brain but also extended to the ability to exercise control over physical acts in a way that reasonable man would term it it abnormal. The conviction was reduced to manslaughter.
R v Wood 2009
The appellant was an alcoholic and was with a group of alcoholics. When he woke up he found the deceased trying to perform oral sex on him. He attacked him with a meat clever and killed him. He claimed diminished responsibility as the alcoholism he had made him to an involuntary axe. Alcoholism provided an explanation for Ds acts to the killing.
R v Campbell 1987
The appellant beat a girl and strangled her to death after a few punches from the girl. It was held that the punches added to the seizers he had already been suffering and was held that at the time of the killing he was suffering of an abnormality.
