Homicide: Voluntary manslaughter- Diminished Responsibility

Question 1

When would a defendant be criminally liable for voluntary manslaughter?

Answer 1

1- Committed the actus reus.

2- Committed the mens rea.

3- Can rely on the defences of:
*Loss of control
*Diminished responsibility

Question 2

What are the two types of manslaughter?

Answer 2

Voluntary: Where the defendant has satisfied the actus reus and mens rea of murder but the conviction reduced to manslaughter due to defences (loss of control / diminished responsibility).

Involuntary: lack of mens rea for murder.

Question 3

What are the categories of the partial defence of diminished responsibility?

Answer 3

Abnormality of mental functioning (i.e the reasonable man would term it abnormal) which arose form…

a) Recognised medical condition

b) Substantial impairment of D’s ability to do one or more things

c) provides an explanation of D’s acts and omissions.

Question 4

Burden of proof for diminished responsibility?

Answer 4

The defence must prove on a balance of probabilities that the partial defence applies.

Question 5

What do we mean by a recognised medial condition in the partial defence of diminished responsibility?

Answer 5

It is not enough to be suffering from an abnormality of mental functioning and have a recognised medical condition.

The abnormality must be caused by the recognised medical condition and not by something else, such as hatred, jealousy or bad temper.

Question 6

What do we mean by a substantial impairment of D’s ability in the partial defence of diminished responsibility?

Answer 6

(a) to understand the nature of D’s conduct;

(b) to form a rational judgment;

(c) to exercise self-control

Question 7

What do we mean by ‘provides an explanation’ in the partial defence of diminished responsibility?

Answer 7

A causal link between the abnormality of mental functioning arising from a recognised medical condition and the killing must be established.

! Need not be the ONLY cause.