Vol MS - Diminished Responsibility Flashcards
R v Brennan
Medical evidence
Where there is unchallenged medical evidence, the judge should withdraw the charge of murder from the jury
R v Dowds
Recognized medical conditions
States that just because a recognized medical condition appears on the list, it doesn’t necessarily mean that it is capable of being relied upon to show abnormality of mental functioning
R v Golds
Substantial
The court should leave interpretation of the word ‘substantial’ to the jury, but can advice that substantial means large
R v Simcox
Substantial
Impairment must be more than minimal or trivial
R v Lloyd
Substantial
The impairment of mental responsibility must be substantial, not trivial, and this ‘substantial’ impairment is a question of degree for the jury to decide
R v Atkinson
Explanation - alcohol
The effects of alcohol do not amount to an abnormality of mental functioning.
The jury returned a verdict of murder where the D, who did suffer from mental abnormality, had consumed a quantity of alcohol before killing householder in the course of a burglary.
R v Tandy
Explanation - alcohol
Conviction for murder upheld as the D has demonstrated in her evidence that she had exercised control over her drinking.
R v Dietschmann
Explanation - alcohol
The D’s mental abnormality substantially impaired his mental responsibility despite drinking alcohol.
R v Martin
Recognized mental condition
D’s perception of danger was affected by his paranoid personality disorder
R v Seers
Recognized mental condition
D was able to argue DR due to chronic depression
R v Ahluwalia
Recognized mental condition
D was able to argue DR due to Battered Women’s Syndrome
R v Reynolds
Recognized mental condition
D was able to argue DR due to post-natal depression
R v Wood
Explanation - alcohol
D may be able to show DR from brain damage caused by alcohol. However, the alcohol consumption was voluntary, so murder was held
R v Khan
Recognized mental condition
D was able to argue DR due to schizophrenia
Diminished responsibility plan
Define - voluntary manslaughter, so it is a defence, not an offence, meaning there is no AR or MR required
- partial defence to murder, reduces a murder conviction to one of MS
Law - S52 of the Coroners and Justice Act 2009 amends s2 of the Homicide Act 1957 and provides a 4 stage test:
1) Was the D suffering from an abnormality of mental functioning?
- state of mind so different that a ‘reasonable’ person would term it abnormal
- whether covers the ability to exercise willpower or control physical acts in accordance with rationale judgement in accordance with rationale judgment is a question for the jury
2) If so, has this arisen from an unrecognized medical condition? - R v Brennan
- Can be found in the World Health Organization’s ‘International Classification of Diseases’ - R v Martin, R v Seers, R v Ahluwalia, R v Reynolds, R v Khan
- R v Dowds - just because a mental condition is on the list, doesn’t mean its capable of being relied upon
3) If so, had it substantially impaired their ability to: understand the nature of their conduct or form rationale judgment or exercise self control (or a combination)? - R v Golds, R v Lloyd
- There must be evidence and raised by defence from the D
- The abnormality of mental functioning must’ve substantially impaired the D’s ability to: understand the nature of their conduct, form a rationale judgment, exercise self-control
4) Does it thus explain their behaviour?
- Abnormality of mental functioning provides an explanation for the D’s behaviour, if it was a significant contributory factor in causing the D to act as they did. It doesn’t need to be the only cause, but it must be more than a merely trivial factor
- The defence should not succeed where the D’s condition made no difference to their behaviour and they would have killed regardless of their mental condition
- Effects of alcohol don’t amount to abnormality of mental functioning. But the D may be able to show DR from brain damage caused by alcohol - R v Atkinson, R v Tandy, R v Dietschmann, R v Wood
Apply…..
Causation + apply….
Burden of proof - the D has to prove diminished responsibility on the balance of probabilities - the civil standard
Conclusion - if the D proves…, then the murder conviction will be replaced with a manslaughter conviction under diminished responsibility
