Voluntary Manslaughter - Diminished Responsibility

Question 1

What sentence does DR carry

Answer 1

Discretionary life sentence

Question 2

Where does the burden of proof lie

Answer 2

• On the defendant, but only on the balance of probabilities

Question 3

What act introduced DR and which act further amended this to include a wider range of mental illnesses

Answer 3

• S.2 Homicide Act 1957 and amended by the Coroners and Justice Act 2009

Question 4

4 Points

What did S.2 Homicide Act state on diminished responsibility and when you cannot be responsible of murder

Answer 4

1) Abnormal mental functioning; which,
2) arose from recognised mental illness
3) Substantially impairing the Ds ability to - understand nature of conduct, or - form rational judgement, or - exercise self control
4) provides an explanation for the killing

Question 5

Define 1) Abnormality of mental functioning

Answer 5

• R v Byre defined it as - a state of mind which is so different that the reasonable man would deem it as Abnormal
• Although this is old law, courts are likely to continue using it

Question 6

Explain 2) Recognised mental illness

Answer 6

Wide - included both psychological and physical conditions
Ranging - e.g depression to battered woman syndrome
- Medical evidence must be given in court

Question 7

Explain 3) Substantially impaired
(When writing an essay write one, which ever one is more applicable)

Answer 7

• Substantially impaired means weighty (R v Golds)
• substantially impaired is for jury to decide, R v Byrne

Question 8

What will cause the defence to fall through

Answer 8

If there is any evidence to planning it shows there’s no impairment

Question 9

4) D has to prove impairment led to killing (abnormality - provides explanation for actions)

Answer 9

• Must be from an internal factor (no drinks or drugs etc)
• however, if recognised alcoholic or addict this can be used (R v Tandy)

Question 10

Alcohol cases

Answer 10

Stewart - alcoholic
Dietchman - non alcoholic

Question 11

3) What can be substantially impaired

Answer 11

• understanding nature of conduct
• rational judgement (R v Hobson - Battered wife)
• exercise self control

Question 12

3) Nature of conduct

Answer 12

Nature of conduct - Automatic state, unaware of actions e.g R v Dietchman, alongside delusions
- and sever learning disabilities and low mental age

Question 13

3) Rational Judgement

Answer 13

Rational Judgement - may know nature but not for rational judgement such as paranoia R v Hobson

Question 14

3) Self control

Answer 14

Self control - R v Byrne (couldn’t stop from chopping up woman) , out of control desires