Defence - Diminished Responsibility Flashcards
What is Diminished Responsibility mainly used for?
Mainly used for murder cases alongiside loss of control
What is the first element of DR?
There must be an Abnormality of Mental Functioning
(element 1) Name and describe the objective test is used to establish AoMF?
Byrne test - KEY TO REMEMBER
meaning that the D’s mental functioning was so different from the ordinary person that the reasonable person would call it abnormal
basically a reasonable person test
How do you apply AoMF in an exam scenario?
The key mistake is identifying a disorder aka saying ‘they have schizophrenia’
What you should do is look at SYMPTOMS, (paranoise, anger, anxiety, voices in head ect:) such as saying:
‘here it is arguable that the D did have AoMF as when applying the bryne test a reasonable person would think it is abnormal to [X]’
What is the second element of diminished responsibility?
What must be required to prove this with caselaw example?
dysfunction arises from a recognised medical condition (physical or mental) These conditions can be found in the WHO (mostly)
Expert Medical evidence will be required as seen in
R vs Brennan
What is the third element of Diminished Responsibility
(3 factors)
The AoMF must SUBSTANTIALLY impair at least one of the three elements of
a) understand their own conduct
b) form a rational judgement
c) exercise self control
Choose which one in the scenario you believe is affected
What is the fourth element of AoMF?
The AoMF must actually explain D’s conduct, causal link between the AoMF and the killing
The correct legal term would be that it has made a more than negligible contribution
How does intoxication play into DR? 3 rules
Most importantly, voluntary intoxication on its own cannot be enough to constitute diminished responsibility (Dowds) defence of intoxication would be consdiered instead
However, if the D had a AoMF arising recognised condition anyway and happened to be intoxicated then he may have a defence (Dietschmann)
Prolonged use of alcohol can cause the recognised condition of Alcohol dependency syndrome which may substantially impair one of the elements mentioned in section 3 (R vs Wood)
What case establishes Expert Medical Evidence is needed to prove the second element of DR?
R vs Brennan
What test is used to establish the first element of DR?
Byrne test
What case establishes that if you are drunk you can still qualify for DR if you do have AOMF
R vs dietschmann
What case establishes alcohol dependency can qualify someone for DR
R vs Wood
