Diminished Responsibility Flashcards
Recognised medical conditions
Defendant is suffering from an abnormality of the mental functioning which arose from recognised medical conditions.
R v Byrne
D murdered a young girl staying in a hostel while having irresistible urges which he could control.
Substantial cause (Homicide act 1957)
The defendants abnormality needs to have been a substantial cause of the killing but not necessary, the only cause
Significant Contributory Factor
(Coroners and Justice Act)
The abnormality must have cause, or at least be the significant contributory factor to the killing
R v Dietschmann
The defendant was suffering from depression when he killed the victim.
Substantially impaired ( Coroners and Justice Act )
The abnormality of mental functioning must have substantially impaired the defendant
3 criteria for impairment
- understand the nature of their conduct
- form a rational judgement
- excercise self control
The word ‘substantial’
The impairment must be more than minute of trifling.
Examples of recognised medical conditions
- depression
- mercy killings
- premenstrual syndrome
- battered women’s syndrome
S52 Coroners and Justice act
Defendant is suffering from an abnormality of mental functioning which arose from recognised medical condition
R v Golds
Man killed his wife after sexually assaulting her while suffering from diminished responsibility.
