Diminished Responsibility

Question 1

Diminished Responsibility

Answer 1

test is in: S52 Coroners & Justice Act 2009.

Persons suffering from diminished responsibility

A person (D) who kills or is a party to the killing of another is not to be convicted of murder of D was suffering from an abnormality of mental functioning which:
(a) arose from a recognised medical condition
(b) substantially impaired D’s ability to do one or more of the things mentioned in subsection 1A, and
(c) provides an explanation for D’s acts and omissions in doing or being a party to the killing

(1A) Those things are:
(a) to understand the nature of D’s conduct
(b) to form a rational judgement
(c) to exercise self-control

Question 2

Abnormality of mental functioning

Answer 2

For defence to succeed, the court must satisfy that:
The defendant must be suffering from an abnormality of mental functioning.

The defence covers all activities of the making, not including the capacity to make rational judgement, but also ’the ability to exercise willpower to control physical acts in accordance with that rational judgment’

R v Byrne - suffered from irresistible impulses, unable to control
The case states - ’an abnormality of the mental functioning is a state of mind so different from that of the ordinary human being that the reasonable man would term it abnormal.’

Question 3

Arose from a recognised medical condition

Answer 3

D’s abnormality must be as a result of a recognised medical condition.

Fenton - An abnormality of the mind caused by binge drinking or occasional drug use is not usually sufficient. However, addictions are seen as medical diseases and would be taken into account.
R v Wood
R v O’Connell
Tandy - Alcoholic, killed daughter, alcohol valid cause of an abnormality if long term alcoholism has causes brain damage.

More examples -
R v Ahluwalia (battered woman’s syndrome)
R v Speake (mental deficiency)
R v Smith (pre-menstrual tension)

Question 4

The abnormality substantially impaired D’s ability to do one of three things:

Answer 4

Understand the nature of their conduct; and/or
Form a rational judgement; and/or
Exercise self-control.

R v Lloyd - Substantial does not mean total meaning that the impairment must be significant but not necessarily total.

Question 5

The abnormality provides an explanation for D’s acts and omission

Answer 5

The abnormality of mental functioning must provide an explanation for the killing.

S52(1B) - An explanation is provided when the abnormality was a significant contributory factor in causing the defendant to carry out the conduct

Case law-
Gittens
Byrne

Question 6

Evaluation

Answer 6

• The offence would be trialled at the Crown Court as it is classed as an indictable offence
• The partial defence of diminished responsibility reduces a conviction of murder to one of voluntary man slaughter.
• The partial defence of diminished responsibility was reformed by the CJA because the previous law was not clear about what could constitute an abnormality of mental functioning.
• No examples of recognised medical conditions are providdd by the CJA