Voluntary Manslaughter - Diminished Responsibility Flashcards
Which statute governs diminished responsibility?
The Coroners and Justice Act 2009
What does s.52(1) state?
The D. should not be convicted of murder if he is suffering from an abnormality of mental functioning that:
(a) - arose from a medically recognised condition;
(b) - that impaired D’s ability to form a rational judgement, exercise self control and understand the nature of their conduct;
(c) - that provides an explanation for the actions of the D.
What is the definition of abnormality of mental functioning? Which case established this?
R v. Byrne - ‘a state of mind so different that the OR man would consider it abnormal’.
Give some examples of medically recognised conditions.
Anxiety, depression and paranoia.
What did R v. Tandy establish.
Alcohol dependency syndrome would not be considered as the drinking was voluntary. (Later repealed by R v. Wood).
What did R v. Deitschmann consider?
Voluntary intoxication would not rule out diminished responsibility.
What is the burden and standard of proof in diminished responsibility?
The burden is on the defence to prove, on a balance of probabilities, the defence applies.
