Voluntary Manslaughter

Question 1

Which section of the act is diminished responsibility set out in?

Answer 1

Section 2(1)

Question 2

Which act amended the Homicide act in regards to diminished responsibility?

Answer 2

The Coroners and Justice Act 2009

Question 3

Which case did the courts define an abnormality of the mind?

Answer 3

Byrne 1960

Question 4

What did they decide in the Byrne 1980 that the definition of abnormality of mental functioning was?

Answer 4

“A state of mind so different from that of the ordinary human being that the reasonable man would term it abnormal”

Question 5

The defence of diminished responsibility is set out in 2(1) . What is the definition?

Answer 5

An abnormality of the mind which :
>arose from a recognised medical condition
>substantially impaired D to be able to :
Understand the nature of their conduct
Form rational judgement
Exercise self-control
>provides an explanation for D’s killing or omission as themselves or as a party

Question 6

What must an abnormality of mental functioning arise from?

Answer 6

A recognised medical condition

Question 7

Give three examples of recognised medical disorders

Answer 7

Paranoia, depression, battered wives syndrome, schizophrenia

Question 8

Give examples of physical conditions which may cause abnormality of mental functioning

Answer 8

epilepsy, sleep disorders, diabetes

Question 9

What did they decide that substantial meant in Lloyd?

Answer 9

Substantial does not mean total, nor does it mean trivial or minimal- it is something in between and this is for the jury to decide

Question 10

What must be substantially impaired?

Answer 10

D’s ability to understand the nature of their conduct
D’s ability to form rational judgment
D’s ability to exercise self - control

Question 11

What does to understand the nature of his conduct mean?

Answer 11

Covers situations for example if D is in an automatic state and does not know what they are doing.
If d suffers from illusions
Severe learning difficulties and they don’t know what they are doing because they may have a mental age of a lot younger

Question 12

What does ability to form rational judgment mean?

Answer 12

People with paranoia and schizophrenia may not be able to form rational judgement

Question 13

What does exercise self control mean?

Answer 13

In Byrne, the defendant was a sexual psychopath and couldn’t therefore control his perverted desires.

Question 14

For there to be a defence of diminished responsibility, there must be a causal link between what?

Answer 14

D’s abnormality of mental functioning and the killing

Question 15

An abnormality need not be the only cause of D’s actions but it must be what?

Answer 15

A significant factor

Question 16

What cannot support the defence of diminished responsibility?

Answer 16

Intoxication

Question 17

The decision that intoxication could not allow the defence of diminished responsibility was decided I’m which case?

Answer 17

Dowds 2012

Question 18

Which case showed an abnormality of mental functioning and intoxication at the same time?

Answer 18

Dietschmann 2003

Question 19

What did they claim the defendant was suffering from in Dietschmann 2003?

Answer 19

Adjustment disorder in the form of depressed grief reaction

Question 20

In which case was the defendant intoxicated but had underlying brain damage and a psychopathic disorder?

Answer 20

Hendy 2006

Question 21

In which case was the defendant heavily intoxicated but also suffered from acute stress disorder?

Answer 21

Robson 2006

Question 22

What does ADS stand for and what does it mean?

Answer 22

It stands for Alcohol Dependency Syndrome and it means that a person cannot control their drinking
There could be a defence of diminished responsibility with this

Question 23

In which case was the defendant convicted for strangling her daughter because it couldn’t be shown that she had an abnormality of mental functioning or an alcohol dependency?

Answer 23

Tandy 1989

Question 24

In which case was the defendant convicted after killing his victim when he had been drinking heavily, appealed and conviction was quashed because the judge had been wrong to direct the jury to think that the defendants drinking had to be involuntary?

Answer 24

Wood 2008

Question 25

The defence of diminished responsibility was introduced by which act?

Answer 25

Homicide Act 1957