Fatal Offences: Diminished Responsibilty

Question 1

What is voluntary manslaughter?

Answer 1

Where D has satisfied the AR and MR for murder but have a defence as to why they killed
Reduces the charge of murder down to voluntary manslaughter

Question 2

What act sets out voluntary manslaughter?

Answer 2

Coroners and Justice Act 2009

Question 3

What kind of defence is voluntary manslaughter?

Answer 3

Partial defence

Question 4

Which Act defines DR?

Answer 4

S.52 Coroners and Justice Act 2009

Question 5

What did S.52 Coroners and Justice Act 2009 define DR as?

Answer 5

‘Person shouldn’t be convicted if they were suffering from an AMF which arises from a RMC which SIAT understand nature, form rational judgement, excercise self control and provides an explanation for D’s conduct’

Question 6

Where does AMF come from?

Answer 6

S.52(1) C & J Act 2009

Question 7

Explan AMF?

Answer 7

Established through medical evidence

Question 8

Which case established AMF?

Answer 8

Byrne

Question 9

What did Byrne establish AMF as?

Answer 9

A state of mind so different from that of ordinary human beings that a reasonable man would term it abnormal

Question 10

Where does RMC come from?

Answer 10

S.52 (1)(a) C & J Act 2009

Question 11

Explain RMC?

Answer 11

RMC on the internationally defined list
Up to defence to produce medical evidence that D has a RMC

Question 12

What is on the internationally defined list?

Answer 12

ADS (Tandy)
BSS (Ahluwalia)
Depression (Seers)
Autism (Conray)
Sz (Kay)
Paranoid Personality (Squelch)

Question 13

What happened in Challen?

Answer 13

Wife killed husband, was on anti-depressants, depression caused by husband so could use defence

Question 14

Where does SIAT come from?

Answer 14

S.52 (1)(b)

Question 15

Name the three gateways?

Answer 15

S.52 (1A) (a) Understand their conduct
S.52 (1A) (b) Form rational judgement
S.52 (1A) (b) Excercise self control

Question 16

Explan provide explanation for D’s conduct?

Answer 16

D’s AMF must be a causal connection as to why they killed but doesnt have to be the only factor - can be a contributing factor

Question 17

Explain DR and Intoxication?

Answer 17

If D intoxicated alone, can’t use defence (Dowds)
If D has pre-existing AMF in addition to intoxication, jury focuses on AMF (Kay)
If D suffers from ADS, it is a RMC so can use defence (Tandy)