Diminished Responsibility

Question 1

What Act of Parliament introduced the defence of diminished responsibility, the defence of which did not exist in English law until there?

Answer 1

Homicide Act 1957

Question 2

Before 1957 what was the only defence available for a person with mental problems who killed?

Answer 2

insanity

Question 3

Before 1957 Homicide Act, the only defence available for a person with mental problems who killed was insanity, what were 2 problems with the test for insanity?

Answer 3

the test is very narrow and many defendants who clearly suffer from a mental illness did not always come within it

Question 4

Why was the defence for diminished responsibility created?

Answer 4

as the test for insanity was very narrow and many defendants who clearly suffered from a mental illness did not always come within it

Question 5

Under what section of the Homicide Act was the defence for diminished responsibility set up?

Answer 5

under s2(1)

Question 6

What Act has amended s2(1) of the Homicide Act 1957 for diminished responsibility ?

Answer 6

s.52 Coroners and Justice Act 2009

Question 7

What is the effect of s.52 of the Coroners and Justice Act 2009?

Answer 7

A person who kills or is a party to the killing of another is not to be convicted of murder if he is suffering from an abnormality of mental functioning which

a) arose from a recognised medical condition
b) substantially impaired D’s ability to
* understand the nature of his conduct
* form a rational judgement
* exercise self control
c) provides an explanation for D’s acts and omissions in doing or being a party to the killing

Question 8

Under s52 of the Coroners and Justice Act 2009, a person who kills or is a party to the killing of another is not to be convicted of murder if he was suffering from an abnormality of mental functioning which: … (3)

Answer 8

a) arose from a recognised medical condition
b) substantially impaired D’s ability to
* understand the nature of his conduct
* form a rational judgement
* exercise self control
c) provides an explanation for D’s acts and omissions in doing or being a party to the killing

Question 9

Where does the burden of proof for the defence of diminished responsibility lie ?

Answer 9

with the defendant

Question 10

Although the burden of proving the defence of diminished responsibility, what does the defendant need only prove it on?

Answer 10

on the balance of probabilities

Question 11

before s52 of the Coroners and Justice Act 2009, what was the phrase used for diminished responsibility before ‘abnormality of mental functioning’?

Answer 11

‘abnormality of mind’

Question 12

In what case did the COA describe an ‘abnormality of mind’ as a ‘state of mind so different from the ordinary human beings that the reasonable man would term it abnormal’?

Answer 12

Byrne 1960

Question 13

What happened in the case of Byrne 1960?

Answer 13

D was a sexual psychopath who strangled a young woman and mutilated her body. Medical evidence showed that his condition meant he was unable to control his perverted desires. Convicted of murder, COA substituted this with manslaughter

Question 14

D was a sexual psychopath who strangled a young woman and mutilated her body. Medical evidence showed that his condition meant he was unable to control his perverted desires. Convicted of murder, COA substituted this with manslaughter
What case is this?

Answer 14

Byrne 1960

Question 15

Although the case of Byrne 1960 was on the old definition, what is likely?

Answer 15

it is likely that the courts will still use the same standard of abnormality

Question 16

Under s2(1) of the Homicide Act 1957, as amended, the cause of the abnormality of mental functioning must arise from what?

Answer 16

a ‘recognised medical condition’

Question 17

What does a ‘recognised medical condition’ as the cause of the abnormality of mental functioning allow to cover?

Answer 17

this allows both psychological and physical conditions to be covered

Question 18

What are 3 examples of psychological conditions?

Answer 18

• Battered wives syndrome
• paranoia
• depressive illness

Question 19

What are 3 examples of physical conditions which is covered by a ‘recognised medical condition’?

Answer 19

epilepsy
sleep disorders
diabetes

Question 20

What must be given at the trial in order to prove that there was an abnormality of mental functioning arising from a recognised medical condition?

Answer 20

medical evidence

Question 21

What must an abnormality of mental functioning do in order for the defence of diminished responsibility to arise?

Answer 21

it must substantially impair the defendants mental responsibility for his acts or omissions in doing or being a party to the killing

Question 22

In the case of Byrne 1960 what did the COA say regarding the question of whether the impairment was substantial?

Answer 22

the COA said that the question of whether the impairment was substantial was one of degree and that it was for the jury to decide

Question 23

In which case was it held that substantial does not mean total, nor does it mean trivial or minimal; it is something in-between for the jury to decide if the defendants mental responsibility is impaired and if so, if it is substantially impaired?

Answer 23

Lloyd 1967

Question 24

What did the case of lloyd 1967 hold regarding substantial impairment?

Answer 24

it was held that substantial does not mean total, nor does it mean trivial or minimal; it is something in between for the jury to decide if the defendants mental responsibility is impaired and if so, if it is substantially impaired

Question 25

Although the case of Lloyd 1967 held that that it is up to the jury to decide whether a defendants mental responsibility was impaired, and if so, substantially impaired- as it is a question of fact what does the judge have the power to do and why?

Answer 25

the judge can withdraw the point from the jury if there is no evidence on which a reasonable jury could conclude that the defendants mental responsibility was substantially impaired

Question 26

Why are the decisions in cases such as Byrne and Lloyd prior to s52 of the Coroners and Justice Act 2009 likely to still be followed?

Answer 26

as the phrase ‘substantially impaired’ remains in the new deffiniton

Question 27

What counts as being substantially impaired?

Answer 27

a defendants ability to do one of these 3 things...
-understand the nature of his conduct 
-to form a rational judgement 
-to exercise self control 
....must be substantially impaired

Question 28

What are the 3 things which an abnormality of mental functioning would substantially impair?

Answer 28

• to understand the nature of his conduct
• to form a rational judgement
• to exercise self control

Question 29

Where can the three things which an abnormality of mental functioning can impair be found?

Answer 29

these can be found in s2(1) of the Homicide Act 1957

Question 30

in what case was the 3 points from what substantially impairs D used?

Answer 30

Byrne 1960

Question 31

What have the amendments made by the Coroners and Justice Act 2009 effectively done?

Answer 31

it put the decision of Byrne into statutory form

Question 32

What are 2 examples of situations where D does not have the ability to understand the nature of his conduct?

Answer 32

• Where D is un an automatic state and does not know what he is doing
• Where D suffers from delusions and believes that he is killing the devil when in fact he is killing a person

Question 33

Under being substantially impaired, what does the point that the defendant has to have the ability to understand the nature of his conduct, also cover?

Answer 33

it covers people with severe learning difficulties whose mental age is so low that they do not understand the nature of what they are doing

Question 34

Even if D does know the nature of his conduct, what might he not be able to form?

Answer 34

a rational judgement about his acts or omissions

Question 35

What are three mental conditions which may mean that those suffering will not be able to form a rational judgement?

Answer 35

paranoia or schizophrenia or Battered Wives Syndrome

Question 36

What case gives an example of when D may not have the ability to excretes self control?

Answer 36

Byrne, D was a sexual psychopath and medical evidence said that this meant he was unable to control his perverted desires and so the defence of diminished responsibility was available to him

Question 37

In order to come within the defence of diminished responsibility, what does D have to prove an explanation for?

Answer 37

for his acts and omissions in doing or being party to the killing

Question 38

What is a new principle brought in under the Coroners and Justice Act 2009?

Answer 38

that D must provide an explanation for conduct in order to have a defence of diminished responsibility

Question 39

Under the Coroners and Justice Act 2009 what does the new principle say there must now be when D provides an explanation for conduct?

Answer 39

that there now must be some casual connection between Ds abnormality of mental functioning and the killing

Question 40

Which section other Homicide Act 1957 explains the principle of D having to provide an explanation for conduct?

Answer 40

s2(1B)

Question 41

Under s2(1B) of the Homicide Act 1957, what does it state on the principle of D having to provide an explanation for conduct?

Answer 41

“…an abnormality of mental functioning provides an explanation for D;s conduct if it causes or is a significant contributory factor in causing D to carry out that conduct”

Question 42

What does it mean that “an abnormality of mental functioning provides an explanation for D’s conduct if it causes or is a significant contributory factor in causing D to carry out that conduct” as explained in s2(1B) of the Homicide Act 1957?

Answer 42

this means that the abnormality of mental functioning need not be the only factor which caused D to do to be involved in the killing. However it must be a significant factor. This is particularly important where D is intoxicated at the time of the killing.

Question 43

Under the Homicide Act 1957 s2(1B) it is explained that the abnormality of mental functioning need not be the only factor which caused D to do to be involved in the killing. However it must be a significant factor. When is this particularly important?

Answer 43

when D is intoxicated at the time of the killing