Diminished Responsibility Flashcards
Burden of Proof?
Burden of proof on D, on balance of probabilities
Test for diminished responsibility?
CJA 2009, s.52:
1 - D suffering from an abnormality of mental functioning that:
2 - arose from a recognised mental condition
3 - substantially impaired D’s ability to do one or more of the things mentioned in s.1(a), and
4 - provides an explanation for D’s acts and omissions in doing or being party to the killing
New law?
Was changed to fit alongside the law and medicine.
R v Brennan: Schizophrenic. Gives more scope to importance of psychiatric evidence.
Juries may not disregard uncontradicted and unchallenged expert opinion…
R v Conroy: Autism spectrum. 1/4 experts said it did not ‘substantially impair his ability to form rational judgement.
Recognised medical conditions
Listed conditions from Manual of Mental Disorders:
- schizophrenia
- dementia
- sleep disorders
- personality disorders
- mood disorders
- anxiety disorders
- substance-related disorders
Source of recognised medical conditions
R v Dowds: necessary but not always sufficient that a condition is included in a diagnostic manual.
eg - intoxication,
Meaning of ‘substantially impairs’?
Was the D's ability to either: - understand the nature of her conduct, - form a rational judgement, or - exercise self-control substantially impaired by the recognised mental condition?
Note: if completely impaired, might actually form insanity defence
Nature of conduct:
Not used very often because similar to insanity defence.
Law Commission example: video game playing boy.
Form rational judgement
Ability to tell right from wrong.
Law Commission example: mentally subnormal younger brother following instructions of older brother
Note: all LC examples involve children, does this mean they need mental capacity of a child?
Ability to exercise self-control
Law Commission example: voices in D’s head which they find difficult to ignore.
Meaning of ‘substantial’
R v Squelch: “is an ordinary word, on which you will reach a conclusion in this case, based on your own experience of ordinary life. It means less than total and more than trivial. Where you, the jury, draw the line, is a matter for your collective judgement”
Role of causation in diminished responsibility?
CJA 2009 s.55(6)(1):
“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 conduce”
Diminished responsibility and intoxication
Must distinguish involuntary intoxication from voluntary intoxication.
- However not all drinks alcoholics have are involuntary.
ALSO: not alcoholic, but mental condition and intoxicated.
R v Bunch: physically dependant upon alcohol? Need to distinguish.
R v Dowds: even though on diagnostics manual, not always enough to find there is a mental condition.
R v Dietschmann: need to try and ignore the intoxication.
