Diminished Responsibility (VM) Flashcards
(15 cards)
What is diminished responsibility?
- A person who kills may be convicted of manslaughter rather than murder if they were suffering from an abnormality of mental functioning which:
(a) Arose from a recognised mental condition
(b)Impaired D’s ability to:
(i) understand the nature of his conduct
(ii) form a rational judgement
(iii) exercise self control
(c) provides an explanation for D’s acts/omissions in killing
What act is diminished responsibility defined by?
- s.2 Homicide Act 1957
- Amended by s.52 Coroners and Justice Act 2009
What is abnormality of mental functioning?
Whether D’s mental functioning was so different to an ordinary human being that the reasonable person would find it abnormal
Case for abnormality of mental functioning
Byrne 1960
What is included as a recognised medical condition? (8)
- Psychotic condition
- Post-natal depression
- Mental disorder
- Alcohol dependency syndrome
- Depressive illness
- Aspergers’s syndrome
- Battered spouses’ syndrome
- Severe learning difficulties
What one of 3 things must the AMF substantially impair?
Ability to:
- Understand the nature of their conduct
- Form a rational judgement
- Exercise self-control
What amounts to substantial impairment?
- Must be more than merely trivial
- D’s mental functioning need not be totally impaired
- Golds 2016
Explanation for D’s conduct
- AMF provides an explanation for D’s conduct/significant contributory factor (need not be the only factor)
- Must be a causal relationship between AMF and killing
Burden of proof
- On the defence
- Only need to prove it on the balance of probabilities
Intoxication
Alone it cannot support a defence of DR as it is not a recognised medical condition
Case for intoxication
Dowds
ADS
- Alcohol Dependency Syndrome is a recognised medical condition
- Person cannot control their drinking
- May be the cause of an AMF
Case for ADS
Wood
Intoxication + pre-existing AMF
If D is already suffering from AMF and has taken drugs/alcohol, defence may be available
Case for Intoxication + pre-existing AMF
Deitschmann
