Voluntary Manslaughter- Diminished Responsibility Flashcards
What is Diminished Responsibility
A mental health condition
S.52 Coroner and justice Act 2009
Stage 1 of Diminished Responsibility
D must be suffering from an abnormality of mental functioning which arose from a recognised medical condition
BYRNE- A state of mind so different from that of an ordinary human being that the reasonable man would term it abnormal
Examples of mental health conditions
(Case order Alphabetical Order)
Irresistible impulses
Epilepsy
Battered Wife Syndrome
Paranoia/ Personality Disorder
Chronic Depression
Pre Menstrual Tension
Alcohol/ drug Dependancy Syndrome
Case Examples for Mental health conditions
(Alphabetical Order)
Byrne
Cambell
Hobson
Martin
seers
Smith
Stewart
Stage 2 of Diminished Responsibility
The abnormality must substantially impair the D’s ability to:
1) Form a rational judgement
2) Understand the nature of their conduct- Actions
3) Exercise self control
(GOLDS)- The abnormality has to be weight not trivial
Stage 3 of Diminished Responsibility
D’s abnormality must provide an explanation for the killing
S.2(1B) (AMENDED)
Homicide Act 1957-
The abnormality must be a significant contributory factor in causing the D to carry out the killing
Side Rule
Diminished Responsibility
DIETSCHMANN
Intoxication/ Drugs
If the D was suffering from an abnormality and was intoxicated at the same time the judge must ignore the intoxication and consider the abnormality alone