Diminished Responsibility

Question 1

Where does the defence come from?

Answer 1

S2 of the Homicide Act 1957, amended by s52 of the CJA 2009.

Question 2

Definition of diminished responsibility

Answer 2

A person who kills or is party to a killing is not to be convicted of murder if D was suffering from an abnormality of mental functioning which
A. Arose from a recognised medical condition
B. Substantially impaired d’s ability to do one of the things mention in subsection 1a, and
C. Provides an explanation for D’s acts and omissions in doing or being a party to the killing
1A. those things are
A. To understand the nature of the conduct
B. To form a rational judgement
C. To exercise self-control

Question 3

Burden of proof for dr

Answer 3

On defendant, on balance of probabilities

Question 4

Sentence dr

Answer 4

Maximum life - may receive punishment and treatment for abnormality

Question 5

What counts as abnormal?

Answer 5

Byrne - sexual psychopath. State of mind so different that a reasonable person would term it abnormal.

Question 6

Cause of abnormality of mental functioning

Answer 6

Recognised medical condition from ICD - anxiety, personality disorder, alcohol dependency, schizophrenia, sleep disorders, diabetes

Question 7

Cases for defining substantial impairment

Answer 7

Byrne - for jury to decide
Lloyd - not total, nor trivial or minimal
Golds - some importance, or serious degree of impairment

Question 8

Meaning of ability to understand nature of actions

Answer 8

Delusions, severe learning disabilities, automatic states

Question 9

Meaning of ability to form a rational judgement

Answer 9

Paranoia, schizophrenia, battered women syndrome

Question 10

Meaning of ability to exercise self control

Answer 10

Sexual psychopath eg Byrne

Question 11

Meaning of providing an explanation for D’s conduct

Answer 11

Abnormality of mental functioning need not be the only factor, but must be a significant factor

Question 12

Voluntary intoxication and DR

Answer 12

Dietschmann - If jury decided that D would not have killed without intoxicants, it’s unlikely that defence would succeed

Question 13

Intoxication due to addiction and dr

Answer 13

Wood - Alcohol dependency syndrome. If the drinking is deemed involuntary defence could succeed.

Question 14

3 part test for intoxication due to addiction and dr

Answer 14

1. Was D suffering from abnormality of mental functioning? Nature and extent of ADS must be considered
2. Was defendants abnormality cashed by the ADS?
3. Was d’s ability to understand nature of conduct/form rational judgement/exercise self control substantially impaired?
   Consider extent of dependency/ability to control drinking/capability of abstinence/special occasion/pattern of drinking/ability to make decisions ordinarily

Question 15

Type of defence

Answer 15

Partial, maximum life