Voluntary manslaughter - Diminished Responsibility Flashcards
S 52 Coroners and Justice Act (2009) - important
General Test
Diminished Responsibility is a special defence to murder available if D had the men rea for murder, but: D was suffering from an abnormality of the mind arising from a recognised medical condition, which impaired D’s abilities and which explains D’s conduct.
S 52 Coroners and Justice Act (2009) - important
Abnormality Test
For a successful defence of Diminished REsponsibility, the abnormality must be substantially impair D’s ability to understand the nature of their conduct, to form a rational judgement or to exercise self-control.
S 52 Coroners and Justice Act (2009) - important
Alternative Conviction
If the defence of diminished responsibility is successful, D is not convicted of murder and is convicted of manslaughter instead
R v Bryne (1960) - important
Abnormality of mental functioning means a ‘state of mind so different from that of ordinary human beings that the reasonable person would term it abnormal’.
R v Golds (2016) - important
‘Substantial’ in the law on diminished responsibility mean ‘important or weighty’
R v Dowds (2012) - important
just being intoxicated isn’t an abnormality of the mind for the purposes of DR
R v Woods (2008) - important
Alcohol dependence syndrome is a recognised medical condition. If this causes D to be intoxicated, the defence of DR may be available.
R v Foy (2020)
Confirmed the decision in R v Wood that alcohol dependence syndrome is recognised for DR
R v Dietschmann (2003)
If D has a preexisting abnormality of the mind and is intoxicated the defence may still be availiable.
R v Conroy (2017)
Autism is an example of a qualifying abnormality of the mind.
R v Squelch (2017)
Paranoid personality disorder is an example an abnormality of mental function for DR.
R v Bryne (1960) - important
Wether the impairment of D’s abilities is substantial is a matter for the jury to decide.
