Voluntary Manslaughter- Diminished Responsibility

Question 1

State which Act introduced Diminished Responsibility.

Answer 1

Homocide Act 1957 (before then, if person killed with mental issues- was insanity)

Question 2

State the 4 points which must be proven to plead DR.

Answer 2

• Must suffer from an ‘abnormality of mental functioning’ at time of killing
• Abnormality must arise from a ‘recognised medical condition’
• Abnormality substantially impaired D’s ability to either: understand nature of D’s conduct, form a rational judgement or exercise self-control
• Abnormality must at least be a significant contributory factor in causing D’s conduct

Question 3

Explain how the D must suffer from an ‘abnormality of mental functioning’ at the time of killing, with respect to DR.

Answer 3

• Defined in Coroners + Justice Act 2009
• Prior to this, phrase ‘abnormality of mind’ used- defined in case: R v Byrne
• Test for abnormality of mental functioning- was mental functioning so diff to that of an ordinary human that a reasonable man would term it abnormal + confirm this was ‘at time of killing’

Question 4

Explain how the abnormality must arise from a ‘recognised medical condition’, with respect to DR.

Answer 4

• Defined in International Classification of Diseases prepared by the World Health Organisation
• Medical evidence must be given at trial of an abnormality of mental functioning
• If haven’t been to doctors but have symptoms- could still use defence if it can be established by a medical profession after the offence took place.

Question 5

Explain how the abnormality must substantially impair the D’s ability to either: understand nature of D’s conduct, form a rational judgement or exercise self-control, with respect to DR.

Answer 5

1) Understand nature of D’s conduct (D doesn’t know what they’re doing, e.g. suffering from delusions)
2) Form a rational judgement (e.g. paranoia, schizophrenia, battered woman syndrome)
3) Exercise self-control (case: Byrne- sexual psychopath- couldn’t control desires)
- What amounts to ‘substantial impairment’ is shown in cases: Byrne, Lloyd + reviewed in recent case of R v Golds.

Question 6

Explain how the abnormality must at least be a significant contributory factor in causing D’s conduct, with respect to DR.

Answer 6

• New requirement- made by Coroners + Justice Act 2009- introduced principle that: abnormality provides explanation for their conduct if causes, or is a significant contributory factor in causing D to carry out conduct in killing or being part of killing
• Needs to be a casual connection between D’s abnormality + killing
• Need not be the only factor, but a significant factor which caused D to do or be involved in killing

Question 7

Define Intoxication.

Answer 7

Taking a substance that can alter an individual’s physical/mental state.

Question 8

What are the 3 possibilities to consider, with regards to DR- Intoxication.

Answer 8

• D was intoxicated at the time of the killing
• D suffered simultaneously from the ‘abnormality of mental functioning’ and is intoxicated at the time of killing
• D’s long-term alcohol/drug abuse has led to a recognised medical condition, causing the abnormality.

Question 9

Explain the point: how the Defendant was intoxicated at the time of the killing, with regards to DR- Intoxication.

Answer 9

• Defence requires abnormality must be due to a recognised medical condition + intoxication doesn’t fall within this
• Under the Homocide Act 1957 and still the position after the Coroners + Justice Act 2009
• Confirmed in the case: R v Dowds (2012)

Question 10

Explain the point: The Defendant is suffering simultaneously from the abnormality and is intoxicated at the time of the killing, with regards to DR- Intoxication.

Answer 10

• Jury should disregard intoxication + consider only whether the abnormality by itself substantially impaired D’s ability to: Understand nature of D’s conduct, form a rational judgement or exercise self-control
• Shown in the case: R v Dietschmann

Question 11

Explain the point: the Defendant’s long-term alcohol/drug abuse led to a recognised medical condition- which caused the abnormality of mental functioning, with regards to DR- Intoxication.

Answer 11

• Recognised Medical Condition- Alcohol Dependency Syndrome (ADS)- person can’t control their drinking, can amount to an abnormality of mental functioning. Shown in the case: Wood (2008)
• If consumption isn’t due to addiction, classed as voluntary drinking + effects can’t be considered
• If there’s been voluntary + involuntary, defence can still be pleaded but Jury only considers effects of involuntary drinking- has to be decided whether this substantially impaired D’s ability. Shown in the case: R v Tandy.