Diminished responsibility

Question 1

voluntary manslaughter definition

Answer 1

the crime of killing another person unlawfully in circumstances that do not amount to murder

Question 2

Diminished responsibility intro

Answer 2

Partial defense to murder, reduces conviction to one of voluntary manslaughter (so not a mandatory life sentence BUT judge can still choose to give life)
Established in the Homicide Act 1957
The Conorers and Justice Act 2009 amended the 1957 act

Question 3

Diminished responsibility Definition

Answer 3

s.2(1) of Homicide Act 1957 or s.52 of C&J Act 2009:

“A person who kills or is a party to a killing of another is not to be convicted of murder if he was suffering from an abnormality of mental functioning arising from a recognized medical condition which substantially impaired D’s ability to:
- understand his own conduct
- form rational judgement
- exercise self-control”

Question 4

Elements of diminished responsibility

Answer 4

1. abnormality of metal functioning
2. arising from a recognized medical condition
3. which substantially impairs D’s ability to understand his conduct, form rational judgement, exercise self-control

Question 5

1. abnormality of mental functioning

Answer 5

s.52(1)
‘a state of mind so different to that of an ordinary man beings that the reasonable man would term abnormal’

R V Byrne - D was a sexual psychopath, strangled young woman and mutilated her body = medical evidence showed he was unable to control hos perverted desires

Question 6

2. Recognized medical condition

Answer 6

s.52(1)a)
Any condition in the WHO International Classification of Diseases, must provide medical evidence

• battered spouse syndrome ( R V Hobson)
• autism (R V Conroy)
• paranoia (R V squelch
• Alcoholism/ ADS (R V Stewart)

Question 7

3. Substantially impairs D’s ability to
   - understand his own conduct
   - form rational judgement
   - exercise control

Answer 7

D’s mental ability to do 1 or more of these 3 things must be substantially impaired

Byrne - substantial impairment is for the jury to decide
R V Lloyd - not meaning trivial or minimal
R V Golds - not for the judge to define what substantial impairment means (for jury)

provides an explanation for the conduct

Question 8

Intoxication

Answer 8

intoxication alone cannot support the defense - R V Wood/ R V Dowds

pre-existing abnormality + intoxication at the time of killing can support the defense - R v Dietchmann

Question 9

Alcohol dependency syndrome (ADS)

Answer 9

ADS = person cannot control their drinking

old law = R V Tandy, where D was unable to resist drinking, DR can be available

new law = R V stewart, sets out three stage test;
1) was D suffering from abnormality of the mind? (pointed out ADS doesn’t automatically mean you have AMF)
2) if yes, was the AMF caused by ADS?
3) if yes, was the D’s mental responsibility substantially impaired?

Question 10

Burden of proof

Answer 10

s2(2) of Homicide Act 1957:
burden of proof the defendant to provide evidence