Diminshed Responsibility

Question 1

What act does diminished responsibility come under

Answer 1

s2 homicide act 1957 as amended by s52 coroners and justice act 2009

Question 2

Definition of diminished responsibility

Answer 2

D was suffering an abnormality of mental functioning from a recognised medical condition which substantially impaired his ability to do one of three specified things and explains his act or omission in killing.

Question 3

Three part test must be established

Answer 3

1. D must suffer with/have abnormality of mental functioning
2. D must be substantially impaired
3. This then explains (abnormality and substantial impairment) D’s act/omission in killing

Question 4

Abnormality of mental functioning

Answer 4

D’s mental functioning was so different from that of a ordinary human being that the reasonable man would term it abnormal (Byrne)
s52(1)(a) this must be a ‘recognised medical condition’ that must cause the abnormality of mental functioning. Medical evidence would be required in the trial

Question 5

Accepted medical conditions

Answer 5

• Battered wives’ syndrome (Ahluwalia)
• post natal depression (Reynolds)
• mental deficiency (Speake)
• depression (Seers)

Question 6

Substantial impairment

Answer 6

D’s ability to do one of three things must be substantially impaired
S52(1)(b)
1. Understand the nature of his conduct
2. Form a rational judgement
3. Exercise self-control
Substantial means a “weighty and important” impairment (Golds).
D’s substantial impairment cannot come from the intoxication alone (Egan/Dowds)

Question 7

Explain conduct - causation

Answer 7

The abnormality of mental functioning must “explain D’s conduct in killing v” s52(1)(c)
1. Factual causation: but for D’s abnormality, he would not have killed (white)
2. Legal causation: D’s abnormality was a more than minimal and the operating and substantiating cause of the killing (smith)

Question 8

Diminished responsibility and intoxication

Answer 8

Intoxication alone is not a “substantial impairment” (Egan)
If D is intoxicated and has an abnormality of mental functioning from a recognised medical condition, the jury disregard the intoxication and consider whether the abnormality substantially impaired D’s ability to do one of three things (Dietschmann)
Alcohol dependency syndrome is a recognised medical condition (Wood)