voluntary manslaughter - diminished responsibility

Question 1

where is the law on voluntary manslaughter (diminished responsibility) found?

Answer 1

S.2 HOMICIDE ACT 1957 amended by Coroners and Justice Act 2009

Question 2

what is the definition of diminished responsibility?

Answer 2

A person who kills or is party to a killing of another is not to be convicted of murder if he was suffering from:

▪An abnormality of mental functioning which arose from a recognised medical condition
▪That substantially impaired D’s ability to understand the nature of his conduct or form a rational judgement or exercise self control and
▪Provided an explanation for D’s acts and omissions

defined in s2 homicide act 1957 amended by Coroners and Justice Act 2009

Question 3

who is the burden of proof on for diminished responsibility?

Answer 3

Defendant

Question 4

an abnormality of mental functioning (+case)

test 1…

Answer 4

Abnormality of mental functioning is defined In R v Byrne (1960), as ‘a state of mind so different that the reasonable man would term it abnormal’.

R v Byrne - sexual psychopath who strangled a girl at the YMCA during a violent episode. Murder conviction reduced to one of voluntary manslaughter

Question 5

…which arose from a recognised medical condition

test 1…

Answer 5

• The cause of abnormality must come from a recognised medical condition, this must be proved by two doctors’ evidence
• Battered woman’s syndrome is a recognised medical condition as seen in Ahluwalia and Hobson.
• Seers - depression, Martin - paranoia, Reynolds - post-natal depression

Question 6

Substantially impaired…

test 2 - …D’s ability to understand the nature of his conduct etc…

Answer 6

• In R v Byrne (1960) the court said that it was a matter of degree for the jury to decide.
• In R v Lloyd (1967), it was held that substantial does not mean total, nor does it mean trivial or minimal. It is something in between and it is for the jury to decide if the defendant’s mental responsibility is substantially impaired.

Question 7

…impairs D’s ability to understand nature of his conduct, form a rational judgement or exercise self-control

test 2…

Answer 7

Ability to understand the nature of his conduct
- Learning difficulties
- Automatic states (loss of consciousness or sleepwalking)

Form a rational judgement
- Battered Woman’s syndrome
- Paranoia
- Delusions
- Schizophrenia

Exercise self control
- Automatic states
- Sexual psychopaths (Byrne)

Question 8

provided an explanation for D’s acts and omissions

test 3

Answer 8

This simply means that there is a link between the reason for the diminished responsibility and the acts of the defendant

eg DV/Battered Woman’s Syndrome and wife kills husband after abuse

Question 9

Overlap with intoxication

voluntary manslaughter - diminished responsibility

Answer 9

INTOXICATION ALONE IS NOT SUFFICIENT + DOES NOT GIVE RISE TO A DEFENCE

• Tandy (1989) – D was an alcoholic who killed her own daughter who claimed to have been abused by D’s husband. Court held that intoxication was no excuse as the drinking was not involuntary!
• Dowds (2012) – D rank 2 litres of vodka and stabbed GF 60 times.

IF ILLNESS AND INTOXICATION, ABNORMALITY MUST COME FROM ILLNESS
- Dietschmann (2003) – D killed a man who was disrespectful about his dead aunt. D was suffering from a grief-induced adjustment disorder and was also drunk. Court held that the abnormality of the mind (mental functioning) had to be the reason for the impairment rather than the intoxication

ADS CAN BE AN ABNORMALITY OF MENTAL FUNCTIONING
* Wood (2008) – D went to flat of friend after heavy drinking. Awoke to find V trying to perform oral sex on him. D killed him. D was suffering from ADS. CoA said ADS could be a reason for diminished responsibility