Voluntary Manslaughter- Diminished Responsibility

Question 1

Introduce voluntary manslaughter + diminished responsibility.

Answer 1

• Partial defence to murder.
• Homicide Act 1957: voluntary manslaughter introduced
• D has AR + MR for murder, but level of fault is lower as there’s a reason for unlawful killing.
• Maximum sentence - life imprisonment.
• S.2 (1) Homicide Act 1957: defined diminished responsibility.
• S.52 Coroners + Justice Act 2009: amended this
• 4 points to satisfy to prove DR.
• CJA 2009: if D’s just intoxicated at time of killing but has no AMF - can’t use DR.
• R v Dowds: confirmed this.

Question 2

Explain the first element of diminished responsibility, D must suffer from abnormality of mental functioning (AMF) at time of killing.

Answer 2

• CJA 2009: defined AMF.
• R v Byrne: prior to this, term ‘abnormality of mind’ was used.
  Test For AMF: ‘Was D’s mental functioning so different to that of ordinary human that reasonable man would term it abnormal?’
• Confirm it was at time of killing.

Question 3

Explain the second element of diminished responsibility, AMF must arise from ‘recognised medical condition’.

Answer 3

• Defined in the International Classification of Diseases prepared by the World Health Organisation
• Must be medical proof in court of recognised medical condition.
• If haven’t been to doctors but have symptoms - can still use defence.
• Developmental immaturity not RMC for DR.

Question 4

Explain the third element of diminished responsibility, AMF must impair D’s ability to do 1 (or more) of specified things.

Answer 4

• R v Dietschmann: if D has AMF + is intoxicated at time of killing - ignore intoxication in relation to substantial impairment.
• Must ‘substantially impair’ not just ‘impair’.
• Byrne: meaning was one of degree - for jury to decide.
• Lloyd: ‘substantial’ doesn’t mean total, nor trivial or minimal. Something in between + for jury to decide.
• R v Golds: judge isn’t required to define meaning of ‘substantially’ to jury + confirms prior cases.
  AMF Must Substantially Impair D’s Ability To:
  1) Understand Nature Of Their Conduct: (e.g. automatic state, legal drugs, delusions, psychotic episodes)
  2) Form Rational Judgement: (e.g. battered woman syndrome, OCD, paranoia, PTSD, schizophrenia)
• R v Byrne
  3) Exercise Self-Control (e.g. battered woman syndrome, OCD, paranoia, PTSD, schizophrenia)
• R v Byrne

Question 5

Explain the fourth element of diminished responsibility, AMF should at least be a significant contributory factor in causing D’s conduct.

Answer 5

• CJA 2009: new requirement
• Needs to be ‘casual connection’ between AMF + killing.
• AMF need not be the only factor but a singicant one which caused D to do / be involved in killing.
• Particularly important when D’s intoxicated at time of killing.
• Matter for jury to decide.