Diminished Responsibility Flashcards
(17 cards)
What is the act and section number for DR
S.52 Coroners and Justices Act 2009, amended S.2 Homicide Act 1957
What is the main term (umbrella term) for DR
Abnormality of mental functioning
What 3 points need to be proven for abnormality of mental functioning
1.Recognised medical condition
2.Substantially impaired D’s ability to-
-understand nature
-form rational judgement
-exercise self control
3.Provides an explanation for d’s acts
POL R v Byrne
Also covers the ability to exercise willpower
POL R v Fairweather
The abnormality of mental functioning must be at the time of the murder
POL R v Martin
There was a recognised medical condition and made it voluntary manslaughter
POL R v Brennan
If 2 doctors agree on the recognised condition- murder has to be withdrawn from the jury
Case for To form a rational judgement
R v Martin
Case for To exercise self-control
R v Byrne
POL R v Brown
Impairment must be substantial not partial
POL R v Golds- Question
Does “substantial” mean more than trivial or minimal, or does it require something greater?
Answers R v Golds by R v Simcox
It means more than minimal or trivial, but does not require total impairment.
POL R v Osbourne
It has to provide an explanation for D’s acs and omissions
POL R v Dietschmann
Alcohol could still be part of a defence for DR but the abnormality has to be the substantial cause of the killing
POL R v Wood
Alcohol dependency is a recognised medical condition
POL R v Dowds
Acute voluntary intoxication is a medical condition but no defence for DR
POL R v Joyce
No defence if their abnormality arose from purely voluntary intoxication
