Diminished responsibility Flashcards
Diminished responsibility
s2(1) Homicide Act 1957 (as amended by s52 CJA 2009)
Partial defence - manslaughter
Burden of proof on defence to prove on balance of probabilities that the defendant was acting under diminished responsibility - s2(2) HA
Abnormality of mental functioning
R v Bryne: “A state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal”
Abnormality must arise from a recognised medical condition (interpreted liberally)
R v Reynolds - postnatal depression and PMS
R v Ahluwalia; R v Thornton - acute depression/PTSD/battered woman syndrome
R v Tandy - alcoholism
Hate, jealousy or bad temper do not come under s2
Fenton
Substantial impairment = more than trivial or minimal
R v Simcox
There must be a causal link between the abnormality of mental functioning and the killing, but it need not be the only cause
Reflects old law - Dietschmann
Intoxication independent of the abnormality
R v Dietschmann - do matters other than alcohol amount to abnormality of mental functioning impairing his mental responsibility despite drink? Defence will still operate even if jury considers that alcohol played a part in the defendant’s inability to do one of the things
Intoxication due to alcoholism
R v Wood - jury must decide whether alcoholism was significant factor in leading defendant to consume the alcohol, even if there was an element of voluntary choice. If so, they can conclude that his responsibility was impaired as a result of the abnormality.
R v Stewart - jury can, notwithstanding the existence of alcoholism, conclude that D was not suffering from abnormality at time of killing
Habitual binge drinking will not be sufficient - voluntary and temporary drunkenness
R v Dowds
Diminished responsibility not available for attempted murder
R v Campbell
