Diminished Responsibility (Partial Defence) Flashcards
(18 cards)
Set out in what act and amended by what act?
Homicide Act 1957 amended by S.52 Coroners and Justices Act 2009
What will D be convicted of under this?
Voluntary manslaughter
What are the four tests for this?
Abnormality of mental functioning
Recognised medical condition
Substantially impaired D’s ability
AMF provides explanation for killing
What does abnormality of mental functioning require the jury to determine?
Question of fact rather than medicine, whether D’s state of mind at time of killing was abnormal
R v Byrne defined AMF as?
State of mind so different from that of the ordinary human being, that the RM would term it abnormal
Ahluwalia
Battered Women’s Syndrome
Wood
Alcohol dependency syndrome
Martin
Personality disorder
Reynolds
Post natal depression
Campbell
Epilepsy
R v Golds confirming R v Lloyd explained what?
Substantial doesn’t mean total, nor does it mean trivial or minimal. in-between for jury to decide
Substantial impairment but be 1 or more of 3 things under S.52(1A)?
a) understand nature of their conduct
b) form a rational judgement
c) exercise self control
a) understand nature of their conduct
This covers where D is acting automatically, not aware of their conduct
b) form a rational judgement
Includes those suffering from paranoia (Martin), BWS (Ahluwalia) or schizophrenia
c) exercise self control
E.g. unable to control perverted desires (Byrne)
What is meant by AMF provides explanation for killing?
AMF must be a significant contributory factor. But for D’s AMF, would D have killed?
Dietschman
Intoxication doesn’t prevent AMF from providing explanation for killing
Dowds
Intoxication on its own cannot provide explanation for killing
