Voluntary Manslaughter: Diminished Responsibility

Question 1

What two statutes govern diminished responsibility?

Answer 1

S.2 Homicide Act 1957 and S.52 CJA 2009

Question 2

What is S.2(1)(a) Homicide Act 1957?

Answer 2

The defendant is not guilty of murder if they were suffering from an abnormality of the mind that is a medical condition

Question 3

What is S.2(1)(b) Homicide Act 1957?

Answer 3

The defendant is not guilty of murder if they were suffering from an abnormality of the mind that impairs their ability

Question 4

What is S.2(1)(c) Homicide Act 1957?

Answer 4

The defendant is not guilty of murder if they were suffering from an abnormality of the mind that gives an explanation for their actions

Question 4

What is the aim of S.2(1)(a) Homicide Act 1957?

Answer 4

to understand the nature of the conduct and form a rational judgement

Question 5

What was held in R v Brennan?

Answer 5

The defence must introduce medical evidence to support diminished responsibility

Question 6

What is S.2(2) Homicide Act 1957?

Answer 6

The burden of proof is on the defendant to prove diminished responsibility by ‘balance of the probabilities’

Question 7

What was held in R v Byrne?

Answer 7

A sexual psychopath was allowed the defence as he had a state of mind different to that of a reasonable person

Question 8

Where are recognised medical conditions found?

Answer 8

‘International Classification of Diseases’ from the WHO. Mental, behavioural and neurodevelopmental disorders are referred to in the ICD-11

Question 9

What was held in R v Lloyd?

Answer 9

Substantial “does not mean trivial or minimal. It is somewhere in between”, which does not really help anyone with statutory interpretation

Question 10

What was held in R v Golds?

Answer 10

‘Substantial’ is a reason of importance to reduce murder to manslaughter

Question 11

What was held in R v Dietschmann?

Answer 11

There must be an abnormality of mental functioning present before intoxication

Question 12

What was held in R v Wood?

Answer 12

It must be decided whether the effect of alcohol was due to addiction, for it to be voluntary or involuntary

Question 13

What was held in R v Stewart?

Answer 13

three-stage test for intoxication in diminished responsibility:
1. Abnormality of mental functioning
2. Was the abnormality caused by ADS?
3. Was the defendants ability substantially impaired?

Question 14

What is the burden of proof on diminished responsibility?

Answer 14

Defence needs to prove diminished responsibility by balance of probabilities

Question 15

What principle relating to diminished responsibility did the Law Commission want to re-instate?

Answer 15

‘Doli incapax’, where a child cannot form the mens rea of an offence

Question 16

What was held in R v Dowds?

Answer 16

Intoxication alone can’t be used as the basis for diminished responsibility