PAPER 1 DIMINISHED RESPONSIBLITY Flashcards
What is Diminished Responsibility?
A partial defence available on a charge of murder that leads to conviction for manslaughter
Where are its elements stated?
in S.2 Homicide Act 1957 (amended by S.52 Coroners and Justice Act 2009)
What is the first element?
D must suffer from an abnormality of mental functioning (AMF)
What is an AMF according to Byrne?
it is a state of mental functioning so different from that of ordinary human beings that a reasonable man would term it abnormal
(APPLICATION)
What is the second element according to S.52(1)(A)
That the AMF must arise from a recognised medical condition (RMC)
What are some examples of recognised medical conditions and cases?
Chronic Depression, Battered Women Syndrome
(Ahluwalia, Smith)
What is the third element?
The RMC must substantially impair D’s ability to do one or more of 3 particular things.
What are the three things that D should be substantially impaired from doing?
- Ability to understand the nature of his conduct
- To form a rational judgement
- Or to exercise self control
APPLY
What must the impairment be?
Substantial
In Egan what did the CA say ‘substantially’ meant?
More than trivial but less than total impairment
(APPLY)
Substantially must provide an explanation for what?
D’s acts and omissions in the killing
If D was intoxicated during the killing what must the jury decide? (With case)
Whether ignoring the intoxication, his abnormality substantially impaired his mental responsibility for his acts. (Dietschmann)
APPLY
If relevant: if alcohol or drug use has caused degenerative changes then what?
D was suffering from a recognised medical condition
If relevant: if D was suffering from alcohol/drug dependency at the time of killing which didn’t cause degenerative changes what should the jury be satisfied with?
That drinking attributable to the dependency impaired D’s ability to do one or more of the three things under S.52(1)(A)
