DR Flashcards
(19 cards)
Where does Diminished responsibility come from?
s2 Homicide Act 1957 amended by s.52 Coroners and Justice Act
What are three key facts about DR?
Where does it apply?
Prove murder first
Partial Def
Specific Def
D intended death or GBH but… has psychiatric problems
It is a reverse burden.
What are the key differences between old DR and new DR?
Abnormality of mind became Abnormality of mental functioning
Internal cause became Arising from a recognised mental condition
Substantial impairment became Which substantially impaired D’s ability to do one of three things
What are the requirements for DR?
1) Abnormality of mental functioning
2) The cause of abnormality must be a recognised medical condition
3) The condition must substantially impair D’s responsibility - meaning of substantial is a Q for the jury to decide
Describe abnormality of mental functioning
D must show objectively that a RP would find state of mind abnormal.
‘A state of mind so different from that of ordinary people that the reasonable person would term it abnormal ‘ - Byrne 1960
Brennan v R 2014 murder squashed manslaughter allowed
What is the case where D sexual psychopath and unable to resist, convicted for murder after strangling and doing things with womans body, conviction quashed and replaced with manslaughter by CA.
Byrne 1960
Describe the cause of the abnormality needing to be a recognised medical condition
Recognised medical conditions can bef ound in lists such as WHO (world health organisation) including physical, psychiatric and psychological conditions. Conditiond oes not have to be perm but must exist at time of killing. Medical evidence is neede.
Includes:
Depression
Irresistible Impulse (Byrne)
Battered wife syndrome (ahluwalia 1993)
Alcoholism
Alcohol Dependency Syndrome
Adjustment disorder
Post-natal depression
Paranoia
Autism
Describe the condition needing to substantially impair D’s responsibility (Meaning of substantial is Q for Jury to decide)
Golds 2016 Jury needs not direction, only common sense, must be more than trivial though.
Lloyd 1967 Significant not trivial or total
What case was:
1)D killed partner, claimed DR. Judge did not explain meaning of substantial. D found guilty of murder. Appeal dismissed so DR not allowed.
2) Held that substantial does not mean total, not trivial or minimal. D killed his wife, had reactive depression, not substantial impairment.
1) Golds 2016
2) Lloyd 1967
What must be substantially impaired?
D must be substantially unable to:
A) Understand nature of conduct
B) Form a rational Judgment (eg Irrational judgment placing son in river to drown in Price 1971)
C) Exercise self control
Burden of proof on defendant but only balance of probabilities R v Wilcocks 2016
How does Intoxication work with DR?
1) Transient, Temporary intoxication cannot lead to DR (Dowds 2012)
2) D is intoxicated and also suffers from unrelated abnormality of mental functioning (Dietschmann 2003)
3) D’s abnormality is caused by addiction eg ADS
What is the case where D stabbed gf 63 times. Both binge drinkers. No diminished responsibility as not alcoholic.
Dowds 2012
Describe when D is intoxicated and also suffers from unrelated abnormality of mental functioning
Where D has a RMC and was voluntarily intoxicated Jury can take both into account so long as the intoxication is related to RMC
What is the Dietschmann 2003 three part test?
1) If D had abnormality of mental functioning arising from recognised medical condition
2) Whether the abnormality substantially impaired D’s ability to understand the nature of his conduct/form a rational judgement and/or exercise self control
3) And whether the abnormality caused, or was a significant factor in causing D to kill V.
What is the case where D was upset at V for disrespecting late aunt. Killed V. D suffering from adjustment disorder but had whiskey and cider. Convicted then appealed, DR allowed.
Dietschmann 2003
Describe the case where D was a paranoid schizophrenic and Drunk/drugged no medical evidence that underlying illness, schizophrenia, serious enough that independent from drunk or drugs it impaired responsibility substantially, so murder upheld.
R v Joyce and Kay 2017
Describe D’s abnormality caused by addiction eg ADS
1) D has brain damage as result of alcohol misuse eg R v Wood 2008
2) Where D is intoxicated involuntarily because of spiked drinks or alcoholism which leaves d with no control over drinking. Contrast the view in R v Tandy with R v Wood and R v Stewart
What is the case where CA showed more sympathy for D whilst suffering from ADS
Wood 2008
What is the three stage test for juries from Stewart 2009
1) Was there abnormality of mental functioning?
2) Was the abnormality caused by alcohol dependency syndrome?
3) Was mental responsibility substantially impaired?
