voluntary manslaughter - diminished responsibility Flashcards
when will this defense take place?
after the court have proved beyond reasonable doubt that the d had the men’s rea and actus reus of murder
where is diminished responsibility from?
s2 of the Homicide Act 1957 - as amended by the Coroners and Justice Act 2009
what is diminished responsibility?
-there was an abnormality of mental functioning
-it must be a recognised medical condition
-this substantially impairs d’s ability to do one of 3 things
-must provide an explanation of d’s acts
what case shows abnormality of mental functioning?
R v Byrne
what does R v Byrne define abnormality of mental functioning as?
a state of mind so different from that of an ordinary human being that a reasonable man would term it abnormal (this would be referencing the voices that come from schizophrenia, rather than the condition itself)
what case shows recognised medical disorder?
R v Martin, R v Seers and/or R v Ahluwalia
what does Di Duca say?
that effects from being drunk/under the influence does not count as a recognised medical condition
what does R v Woods say?
that if the d has a dependency on drugs or alcohol, then it can count as a recognised medical condition
what does R v Tandy say?
that if d’s brain damage is caused by excessive intake of alcohol, it will still count as a recognised medical condition
what are the 3 things that must be considered under ‘substantially impair’?
-understand the nature of the conduct
-exercise self control
-form a rational judgement
what case shows substantially impaired?
R v Gold
what does R v Gold say define substantial as?
did the abnormality cause more than minimal impairment
what does s2(1B) of the Homicide Act 1957?
the conduct is explained why d killed, or was a significant contributory factor as to why d killed
what is the case for s2(1B)?
R v Dietschmann (use when d is also intoxicated)
