Voluntary Manslaughter - Diminished Responsibility Flashcards
Who has the burden of proof?
Defence must raise and prove on the “balance of probabilities”
Where is diminished responsibility found?
Homicide Act 1957 as amended by the Coroners Justice Act 2009
How do you prove diminished responsibility ?
D was suffering from an abnormality of mental functioning which:
A) arose from a recognised medical condition AND
B) substantially impaired D’s ability to do one or more of SS1A AND
C) Provides an explanation for D’s acts/omissions SS1B
Define mental functioning
R v Byrne - a reasonable person would term it abnormal
Where is the recognised medical condition found?
World Health Organisation
Define substantially
R v Golds - more than trivial
What’s in substantially impairing D’s ability to do one or more in SS1A
A) to understand nature of conduct OR
B) form a rational judgement OR
C) exercises self control - r v Byrne (unable to control)
What’s in SS1B for providing an explanation for D’s act or omission
Provides exploration of it causes or significantly contributory factor
What if D was intoxicated at the time?
R v dowdes - defence failed
What if D was intoxicated and had pre-existing medical condition?
R v dietschmann - failed
What if intoxication was an addiction ?
Alcohol dependency syndrome -
R v wood- jury decides if consumption was voluntary (no) or involuntary (yes)
