LAW P1 CRIM (VOL MANSLAUGHTER DR)

Question 1

What is Diminished responsibility?

Answer 1

Diminished responsibility is one of three special defences which exist solely for the offence of murder, and it is contained under s.52 coroners and justice act 2009.

DR has the potential to reduce a murder conviction to that of voluntary manslaughter.

Question 2

What are the 4 stages of diminished responsibility?

Answer 2

1. was the defendant suffering from an abnormality of mental functioning (AOMF)?
2. if D was suffering from AOMF, had this arisen from a recognised medical condition (RMC)
3. Had the AOMF substantially impaired their ability to understand the nature of their conduct
4. Does this therefore explain their behaviour

Question 3

What are the cases for DR?

Answer 3

• R v Dietschmann, the defendant is not guilty of murder but can be guilty of manslaughter
• R v Woods, the defendant suffered from alcohol dependency syndrome
• R v Golds, the court should leave interpretation of the word substantial to the jury.