Paper 1.10c - Diminished Responsibility Flashcards
Is DR a special or a general defence?
Special; only applicable to murder.
Is DR a partial or full defence?
Partial; reduces murder to manslaughter (discretionary life).
Who is the burden of proof on in diminished responsibility cases and to what standard?
Defence; in the balance of probabilities.
What section of what Act defines diminished responsibility?
s52 of the Coroners and Justice Act 2009.
What are the three conditions required for d to receive the diminished responsibility defence?
- D must suffer an abnormality of mental function from a recognised medical condition (WHO).
- This substantially impairs d’s ability to:
- Understand the nature of his conduct.
- Form rational judgement.
- Exercise self control. - The above provides an explanation for d’s actions / omissions.
In the first element of DR, D must suffer an abnormality of mental function caused by a recognised mental condition. What two cases give examples of this?
Byrne - Sexual psychopathy is a recognised medical condition.
Ahluwalia - Battered spouse syndrome is a recognised medical condition.
In the second element of diminished responsibility, what is meant by substantially and which two cases define this?
Byrne - substantial is defined by the jury.
Lloyd - substantial is more than minimal but less than total.
ALSO Golds
What are the three things d must not be able to do in order to qualify for element two of diminished responsibility?
- understand their conduct (delusions, learning difficulties)
- form a rational judgement (paranoia, schizophrenic)
- exercise self-control (psychopathy)
For element three of diminished responsibility, what must there be between d’s abnormality of function and the killing?
A causal connection / link eg the abnormality does not need to be the sole reason but only play a significant part.
Can diminished responsibility apply to a person who is only intoxicated? What is the case example of this?
No; Dowds - the temporary effects of alcohol cannot provide the defence of DR.
Can diminished responsibility apply to a person who is intoxicated and has an abnormality of mental function? What is the case example of this?
Only if D would have killed without the intoxication; Dietschmann - Lord Hutton: ‘Has D satisfied you that despite the drink, that his mental abnormalities substantially impaired his mental responsibilities for his fatal acts [..]?’
Can diminished responsibility apply to a person with an addiction to alcohol? What is the case example of this?
Yes, however the brain must be damaged from the addiction; Wood - D received brain damage from his ADS, so alcohol was consumed involuntarily.
