murder- diminished responsibility Flashcards
what type of offence is diminished responsibility
diminished responsibility is a special offense that is exclusive to murder, it is when a defendant shouldn’t be fully criminally liable as their mental functions were impaired.
if the offense is successful murder charge can be limited to voluntary manslaughter that can reduce a sentence from mandatory life
what is the statute that governs diminished responsibility?
s.2 of the homicide act 1957, this was updated to s52 of the coroners and justice act 2009 because of the close link with insanity
what is the definition of murder?
the definition of murder is the unlawful killing of a human being under the Queens peace with malice afterthought
what are the 3 elements of diminished responsibility
1) defendant suffers from an abnormality of mental functioning caused by a recognized medical condition
2) this abnormality substantial impairs defends ability to make a rational judgment, understand the nature of his conduct, or to exercise self-control
3) this provides an explanation to ds actions or omissions
explain what is meant by “ABNORMALITY OF THE MIND”
ABNORMALITY of the mind refers to the state of mind a reasonable person may find abnormal this was established in the case of R V BRYNE, d was a sexual psychopath that could not control his desires and courts recognized this as a recognized medical condition
what is meant by substantial impairment?
substantial impairment has been established by the jury in some cases which have identified its meaning for example R V LOYD defined substantial impairment as more than the minimal cause but not the total cause I.
this was further defined in R V gold where the jury didn’t have to define substantial impairment as the judge thought substantial was a common word
can diminished responsibility be used for intoxication
diminished responsibility cannot be used for intoxication unless there has been a recognized medical condition but alcohol has worsened the effects f this which can lead to
what cases refer to intoxication and diminished responsibility
r v dutchman involves intoxication and a recognized medical condition d had depressed grief disorder and drank alcohol that worsened the effects of his medical condition. r v Fenton held that a mental abnormality caused by drugs and alcohol was arguably not sufficient for diminished responsibility but in some cases, it can be suffiecent
what statute was diminished responsibility originally created BY
s.2 of the homicide act 1957 however due to its narrow interpretation it has now been given a wider definition it was amended by s 5s of the corners and justic act 2009
what was the old statute on diminished responsibility amended by
S5 OF THE COONERS AND JUSTICE ACT 2009
what does s.52 of the corners and justice act 2009 state ?
a person who kills or is a party to the killing is not to be convicted of murder if they suffer from an abnormality of the mind
that has
. arose from a recognized medical condition
when was the reasonable man test used ?
reasonable man test used i to prove abnormality of mental functioning seen in in R V BYNE - sexual psychopath that could not control his desires
what other examples can
constitute abnormality of the mind ?
- CHRONIC ronic depression , r v gittens and seers
- battered women syndrome - R V AHLULAWA
explain the abnormality of mental functioning must have been caused by a recognized medical condition
theNEW DEFENCE OF DIMISHED RESPONSBAILITY and abnormity of the mind must have arisen from a recognized medical condition which is aimed to modernize the defense and bring in line with a medical understanding of mental illness eg r v jama , r v martin , r v gittns
what case was R V OSBOURNE /
R v Osbourne, where d used ADHD to support defense of diminished responsbaility which was not succseful
