Diminished Responsibility

Question 1

In a trial a defendant is not convicted with voluntary manslaughter what offence must D have committed?

Answer 1

Murder

Question 2

What 2 partial defences can D raise?

Answer 2

Diminished responsibility, loss of control

Question 3

If the partial defence is proven what is the sentence?

Answer 3

Discretionary life sentence

Question 4

If partial defence is not proven what is the outcome?

Answer 4

Guilty of murder- mandatory life imprisonment min. 15 years

Question 5

Where is the defence of DR set out?

Answer 5

S.2 of the Homicide Act 1957 and amended by s.52 of the Coroners Justice Act 2009

Question 6

What are the 4 key elements of DR?

Answer 6

1. Abnormality of mental functioning Lord Parker in R v Byrne
2. Recognised medical condition R v Brennan
3. Substantial impairment
4. Provides explanation for the conduct/causal connection

Question 7

Who bears burden of proving DR and what is the standard of proof?

Answer 7

Defence (reverse onus)
Balance of probabilities

Question 8

Possible sentences of DR

Answer 8

Discretionary life
Hospital order/mental institution

Question 9

Term recognised medical condition is not defined in Act but what does it cover?

Answer 9

• psychological/physical conditions
• any recognised mental disorder
• any physical condition which affects mental functioning eg. epilepsy

Question 10

ADS had been clarified by Lord Judge CJ in R v Stewart. Set out the 3 stage test.

Answer 10

1. When the effect of intoxication is so extreme that the prosecution failed to prove the necessary intent to kill or cause grievous bodily harm
2. Assuming that the necessary intent is proved not withstanding the consumption of alcohol on the basis of DR
3. D proves that they were suffering from such abnormality of mind induced by the disease or illness of ADS that their mental responsibility for his actions in doing the killing was substantially impaired

Question 11

Lord Parker definition of substantially impaired.

Answer 11

‘A state of mind so different from that of an ordinary human being that the reasonable man would term it abnormal.’

Question 12

What section number is substantial impairment?

Answer 12

S.6

Question 13

Describe 3 ways that D is substantially impaired with example.

Answer 13

1. Does not understand the nature of his conduct eg. learning disabilities
2. Is not able to form a rational judgment
3. Cannot exercise self-control
   Only one needs to be proven*

Question 14

There must be a causal connection between D’s mental functioning and the killing but what must it provide?

Answer 14

An explanation