Voluntary Manslaughter: Diminished Responsibility Flashcards
1
Q
What is diminished responsibility?
A
- A partial defence only available to murder.
2
Q
What does it reduce murder to?
A
- Voluntary manslaughter.
3
Q
Who is the burden of proof on?
A
- On D to prove the diminished responsibility on the balance of probabilities.
4
Q
Where did the law come from?
A
- Originally, section 2 of the Homicide Act 1957.
- Amended by section 52 of the Coroners and Justice Act 2009.
5
Q
What is element one?
A
- D is suffering from an abnormality of mental functioning.
6
Q
How is abnormality of mental functioning proven?
A
- D must present medical evidence to the court.
- The abnormality must be a recognised medical condition.
7
Q
What was held in R v Byrne?
A
Abnormality of mental functioning is a state of mind a reasonable man would find abnormal.
8
Q
What are examples of abnormality of mental functioning?
A
- Severe depression.
- Paranoia.
- Delusions.
9
Q
What is element two?
A
The abnormality must substantially impair D’s ability to:
- Understand the nature of their conduct. OR
- Form a rational judgement. OR
- Exercise self-control.
10
Q
What was held in R v Lloyd?
A
- Substantial means more than minimal.
- Doesn’t mean that D’s mental functioning has to be totally impaired.
11
Q
What is element three?
A
- The abnormality of mental functioning must provide an explanation for D’s conduct.
- There must be a casual link between the mental abnormality and the killing.
12
Q
What is the law in regards to intoxication?
A
- If D has an abnormality of mental functioning and is intoxicated then diminished responsibility can be used.
- If D is addicted to alcohol and this has affected their mental functioning then they can used diminished responsibility.
