1B -Voluntary Manslaughter - Diminished Responsibility Flashcards
What act does the definition of Diminished Responsibility come from?
S2(1) of the Homicide Act 1957 as amended by the Coroners and Justice Act 2009
What is the definition of DR?
a person who kills or is party to a killing of another is not to be convicted of murder if he was suffering from an abnormality of mental functioning which:
a) arose from a RMC
b) substantially impaired D’s ability to understand nature of conduct or form rational judgement or exercide self control
c) provides an explanation for D’s act and omissions in doing or being party to killing
What case defined and refers to abnormality of mental functioning?
BYRNE - the COA described it as ‘ a state of mind so different from the ordinary human beings a reasonable man would find it abnormal’
What are some examples of RMC (abnormality of the mind) ?
Physical Conditions - ASA, Sleep Disorder, Diabetes and Epilepsy etc
Psychological Conditions - Depression, Paranoia, BWS and Anxiety etc
What is meant by substantial impaired?
Lloyd - ‘substantial does not mean total, nor does it mean trivial or minimal’, it is for the jury to decide
Golds - leave interpretation of ‘substantial’ for jury, if asking for help they should directed to second meaning of important
What must you be to be substantially impaired?
Not understand nature of his conduct; to not form a rational judgement; to not exercide self control
Nature of his conduct
D was in an automatic state and does not know what he is doing eg suffers from delusions or severe learning difficulties
To form rational judgement
D has paranoia, schizophrenia or BWS
To exercise self control
Byrne - medical evidence to prove he is unable to control his desires
What’s the section that refers to providing an explanation for D’s conduct?
s2(1B) Homicide Act 1957/ s52 (1)(c) CJA 2009
Provies an explanantion for D’s conduct explanation
Must be casual connection between AOMF and kiling, so AOMF need not be only factor but must be signifcant
Intoxication alone cannot be used for DR
Di Duca - Immediate effects was not an injury even if it did have an effect on the brain. Transient state of intoxication is not an AOMF
Pre-existing abnormality and intoxication
Dietschmann - If D satisifed the jury that notwhithstanding the alchol and its effects, his abnormality of mind substantially impaired his mental responsibility, the jury should not find him guilty of murder
Intoxication due to addiction/dependency
Stewart Three-Part Test
- Was there an Abnormality of the Mind?
- Was D’s abnormality caused by ADS?
- Was D’ substantially impaired?
