Diminished Responsibility Flashcards
(19 cards)
Act and Section number
s.52 Coroners and Justices Act 2009
Definition
‘ Where a person who kills or is a party to the killing of another is not to be convicted of murder if that person was suffering from an abnormality of mental functioning
3 Required things to plead DR
(A) Arose from a medical condition
(B) Substantially impaired D’s ability to do one or more of the following:
To understand the nature of the conduct
To form a rational judgement
To exercise self control
(C) Provides an explanation for D’s acts and omissions in doing or being a party to the
killing
What will the Objective test show
would show when compared to a reasonable person they would be abnormal
R v Byrne
The ability to exercise willpower
R v Fairweather
being on the autistic spectrum will be considered
What is a key point for medical conditions
This could include emerging conditions not yet fully recognised - Battered Women’s Syndrome
R v Martin
Paranoid personality disorder and depression count as a recognised medical condition
R v Brennan
If two doctors agree on the recognised medical condition - then murder has to be withdrawn from the jury.
R v Browns
Abnormality had to be more than trivial contribution
R v Golds
juries can get help in what substantial is
Provides An Explanation For D’s Act And Omissions
Should be a significant factor, may not be the only cause
Defence should not succeed when the mental condition made no difference
Casual link must be required - but for the abnormality of mental functioning D would have mot acted as he did
R v Osbourne
ADHD could be a defence but did substantially impair his mental responsibility at the time of killing
Alcohol and Diminished Responsibility
Alcohol consumed by D cannot be ignored entirely as it states that the abnormality of mud does not have to be the sole cause
Even if he would not have killed but for the alcohol would still provide a defence
R v Dietschmann
Was really drunk and had depression and killed someone. Was held he was able to plead Dr as his abnormality of mind would still be there even if he was sober
Key points for Alcohol and ADS
The effects of alcohol does not amount to DR but a recognised condition caused by alcohol could
Dependency syndrome is an abnormality and is recognised
R v Wood
D had alcohol dependency syndrome and killed someone and the effect of alcohol dependency should be looked at
R v Dowds
Acute voluntary intoxication is a medical condition but not a defence
R v Joyce
A mental abnormality can not arise from involuntary intoxication
