Voluntary Manslaughter: Diminished Responsibility

Question 1

What is voluntary manslaughter?

Answer 1

Where defendant has a partial defence to murder when the killing was carried out when the defendant was suffering from diminished responsibility or loss of control.

Question 2

What are the AO1 points of diminished responsibility?

Answer 2

• Abnormality of mental functioning
• Substantially Impaired
• Provides an explanation for D’s conducts
• Intoxication

Question 3

Definition of diminished responsibility? D not convicted of murder if suffering an abnormality of mental functioning which:

Answer 3

a) Arose from a recognised medical condition.
b) Substantially impaired D’s ability to understand the nature of his conduct, or form a rational judgement, or exercise self control.
c) Provides an explanation for D’s acts and omissions in doing or being a party to the killing.

Question 4

What act is diminished responsibility in?

Answer 4

S 2(1) Homicide Act 1957

Question 5

What is abnormality of mental functioning?

Answer 5

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

Question 6

What case shows abnormality of mental functioning?

Answer 6

Byrne (1960)

Question 7

What must cause the abnormality of mental functioning?

Answer 7

Must arise from a ‘recognised medical condition’

Question 8

What does a ‘recognised medical condition’ cover?

Answer 8

• Covers both psychological and physical conditions

- Covers any recognised mental disorder

Question 9

Voluntary Manslaughter: Substantially Impaired

Answer 9

The abnormality of mental functioning has to be substantial enough that impaired the defendants mental responsibility for their act.

Question 10

What must be substantially impaired?

Answer 10

• The ability to understand the nature of their conduct
• The ability to form a rational judgement
• The ability to exercise self-control

Question 11

Substantially Impaired: Example of impaired ability to understand conduct?

Answer 11

• Automatic state (don’t know what they’re doing)
• Delusional
• Severe learning difficulties

Question 12

Substantially Impaired: Example of impaired ability to form rational judgement?

Answer 12

D DOES know what they’re doing but can’t form rational judgment due to:

• Paranoia
• Schizophrenia
• Battered Women’s Syndrome

Question 13

Substantially Impaired: Example of impaired ability to exercise self-control

Answer 13

Due to condition, D is unable to control their actions. E.g. Byrne.

Question 14

Provides an explanation for D’s conduct?

Answer 14

S 2 (1b) of homicide act 1957 states: The abnormality of mental functioning provides an explanation for D’s conduct if it causes, or is significant contributory factor in causing, D to carry out that conduct.

Question 15

What are the 3 possibilities to consider when the D was also intoxicated at time of killing?

Answer 15

• Was D intoxicated at the time of killing and tries to use defence of DR?
• Was D intoxicated and had a pre-existing abnormality of mental functioning?
• Was the intoxication due to addiction?

Question 16

Use of intoxication at a defence?

Answer 16

• If transient effect on brain - cannot use defence.
• If D has pre-existing mental disorder - intoxication does not prevent use of defence.
• Alcohol Dependency Syndrome (ADS) can be an abnormality…

Question 17

What case can be used for intoxication?

Answer 17

• Dietschmann (2003) (D has a pre-existing condition before)

- Wood (2008) (ADS)