Voluntary Manslaughter: Diminished Responsibility

Question 1

1. Here, the partial defence to murder of Diminished Responsibility may apply, set out in…

Answer 1

Here the partial defence to Murder of Diminished Responsibility may apply, set out in the Homicide Act 1957 as amended by Section 52 of the Coroners and Justices Act 2009. The standard of proof is on the balance of probabilities.

Question 2

2. Firstly, the defendant must have been suffering…

Answer 2

Firstly, the Defendant must have been suffering from An Abnormality of Mental Functioning. This means a state of mind that the reasonable person would consider abnormal, (Byrne).

Here…

Question 3

3. Secondly, the cause of the Abnormality of Mental Functioning must arise from…

Answer 3

Secondly, the cause of the Abnormality of Mental Functioning must arise from a Regcognised Medical Condition.

Medical Evidence will be needed. If two medical professionals agree there is a recognised medical condition, then D MUST NOT be charged with murder (Brennan).

A Recognised Medical Condition covers Mental and Physical Conditions, and examples are Depression (Seers), Asperger’s Syndrome (Jama), Adjustment Disorder (Dietschmann), Battered Women’s Syndrome (Ahluwalia), Schizophrenia (Khan), Alcohol Dependency Syndrome (Wood), Personality Disorder (Martin), Post Natal Depression (Reynolds), PTSD, Diabetes, Epilepsy and Sleep Disorder.

[choose the one which is present in the scenario, then two others.]

Here [eg. D’s depression is likely to be a recognised medical condition with medical evidence in support as he was taking prescribed drugs for it].

Question 4

4. Thirdly, the abnormality……defendant’s ability to do one of three things…

This test amended Section…

Answer 4

Thirdly, the Abnormality of Mental functioning must Substantially Impair the defendant’s ability to do one of three things:

Understand the Nature of His Conduct or Form a Rational Judgement or Exercise Self Control.

This test amended Section 2(1A) of the Homicide Act 1957, and reflected the decision in Byrne. In the 2016 case of Golds, confirming Lloyd, it was confirmed that “substantial impairment” means more than trivial, but does not need to be total, and is a matter for the jury to decide.

Here…

Question 5

5. Fourthly, the Abnormality of Mental Functioning must provide an explanation…

It need not be the only contributory factor…

Intoxication on its own cannot be…

However, being intoxicated does not prevent an abnormality of mental functioning…

Answer 5

Fourthly, the Abnormality of Mental Functioning must provide an explanation for the killing.

It need not be the only contributory factor, but it must be a significant factor.

Intoxication on its own cannot be the explanation for the killing, (Dowds).

However, being intoxicated does not prevent an Abnormality of Mental Functioning from providing an explanation for the killing, (Dietschmann).

Intoxication due to Alcohol Dependency Syndrome can provide an explanation for the killing, (Wood).

Here…

Question 6

6. TO CONCLUDE

Answer 6

TO CONCLUDE, D will be liable for voluntary manslaughter not murder as all the tests for diminished responsibility are satisfied.