diminished responsibility Flashcards
(13 cards)
What is the intro?
The defendant may have a defence of diminished responsibility under s.2 of the Homicide Act 1957 as amended by the Coroners and Justice Act 2009. This is a partial defence which reduces the offence of murder to voluntary manslaughter.
How many elements are there?
5
What is the first element of DR? CASE?
Firstly, under s2(1), D must suffer from an abnormality of mental functioning, which means that D’s mental function was so different from that of an ordinary human being that a reasonable man would call it abnormal. ( Byrne)
What is the second element?
Secondly, under s.2(1)(a) the AMF must arise from a recognised medical condition, mental or physical. expert medical evidence will be required. (brennan)
case for learning difficulties/cognitive impairment.
Speake
case for psychopathy, paranoia, and personality disorder?
Bryne
case for epilepsy, stress, depression
R v Seers
case for premenstrual syndrome
reynolds
case for battered woman syndrome
ahluwalia
What is the third element?
Thirdly, under s.2 (1)(A) the AMF must substantially impair D’s ability to understand his own conduct, form a rational judgment or exercise self-control.
What is the fourth element?case?
Fourth, there must be a substantial impairment under s2(1)(b). In R v Golds, substantially impaired was defined as a serious degree of impairment and should be left to the jury.
What is the fifth element?
The last element is that under s.2(1)(c), the AMF must provide an explanation for Ds’ conduct. This means there must be a causal link between the AMF and the act. It need not be the only cause, but must have made a significant contribution.
Intoxication in DR
Voluntary is not enough to constitute DR
If intoxication is ignored and the amf arises from a medically recognised condition that substantially impaired the defendant’s conduct, then they may have a defense.
