Fatal Offences- Voluntary manslaughter - CRIMINAL LAW(1) Flashcards
(48 cards)
what are diminished responsibility and loss of control
two partial and specific defences to murder
THEY ARE DEFENCES NOT OFFENCES
this means they cannot be used for any other criminal defence!! only murder
do they reduce the conviction of murder
yes they reduce it to a conviction of voluntary manslaughter
must there be the mens rea for voluntary manslaughter
YES
what is diminished responsibility
a physical or psychological illness
the D must be suffering from an abnormality of mental functioning when killing.
partial defence to murder
it reduces the conviction from murder to voluntary manslaughter
where can diminished responsibility/ the partial defence to murder be found in?
S2 (1) of the Homicide Act 1957 (as amended by s52 the Coroners and Justice Act 2009)
the 4 sections the D must have to be able to qualify for the partial defence of diminished responsibility are…
1) Abnormality of mental functioning
2) recognised medical condition
3) substantially impairs the Ds ability to do one of the following= understand the nature of his conduct, form a rational judgement or ability to exercise self-control
4) Provides an explanation for the D killing
who is the burden of proof on
the defence
they must prove beyond reasonable doubt that the recognised medical condition caused a substantial role in them killing
must use medical experts to prove the D was suffering from diminished responsibility
what is abnormality of mental functioning defined as
a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal
what case defines that (AMF)
Byrne (1960)
sexual psychopath and medical evidence showed he was unable to control his perverted desires because of his medical condition.
who decides if the D has an abnormality of mental functioning
the jury decide
what does the case Bunch show
there must be medical evidence that proves the existence/suffering of AMF
The D must have a recognised medical condition, where can this condition come from
can be any condition from the world health organisation’s (WHO) International classification of diseases
The killing must be caused by a recognised medical condition and the D must provide supporting evidence
what does a recognised medical condition cover
both physical and psychological conditions
what are psychological disorders and examples
they affect the internal functions of the brain
bipolar, depression, personality disorders, PTSD, psychosis, Schizophrenia, Battered persons syndrome
the case example of battered persons syndrome is found in which case?
Ahluwalia
set fire to husband, then died later. husband had been violently abusive. She had battered persons syndrome from this which impaired her mental functioning at the time of the killing
what are physical conditions and examples
physical injuries or physical damage to the brain
brain damage, concussion, alcohol dependence syndrome, brain tumour, epilepsi
what does the case Golds(2016) state
substantial does not mean total, substantial is more than a minimal or trivial and it is up to the jury to decide whether the D was impaired so much by the medical condition
substantial does not mean total or minima impairment, but somewhere in between
the D’s ability to do one of the following things must be substantially impaired…
what are they
- ability to understand nature of his conduct
this covers situations where the D is in a automatic state and does not know what he is doing.
e.g D who suffers from delusions
- ability to form a rational judgement
even if the D does understand the nature of his conduct, he may not be able to form a rational judgement about his acts or omissions.
e.g those suffering from paranoia or schizophrenia may not be able to form a national judgement
- ability to exercise self control
medical evidence may prove that the condition that the D is suffering from results in them being unable to control their behaviour.
e.g loss of temper, sexual psychopath
It also must provide an explanation for the D’s conduct
what does this mean
the abnormality of mental functioning must provide an explanation for the D’s acts or omissions that resulted in the killing
what are the 3 intoxication scenarios
There are 3 circumstances where a D may try and raise the defence of DR, claiming their mental functioning was impaired due to intoxication
1) voluntary intoxication alone
2) Voluntary intoxication plus an existing AMF
3) Alcohol dependency syndrome
does voluntary intoxication alone get the defence of DR
This is not capable of forming an abnormality of mental functioning and diminished responsibility will fail
does voluntary intoxication plus an existing AMF get the defence of DR
case needed!!
the case Dietschmann (2003) stated that..
if the D’s pre-existing abnormality of mental functioning was the main reason for the killing, and not the intoxication, the D may still use the defence of diminished responsibility
does alcohol dependence syndrome get a defence of DR
case needed!!
If the D’s mental functioning is impaired due to the medical condition of alcohol dependency syndrome (ADS), Wood(2008) stated that diminished responsibility can be a defence if the D’s drinking was involuntary due to the ADS
conclude
what are the 4 elements the D must have to successfully get the defence of DR
1) Does the D have an abnormality of the mental functioning
2) Does the D have a recognised medical condition
3) Does it substantially impair the D’s ability to ( understand nature of conduct, form rational judgement, exercise self control)
4) Does it provide an explanation for the D’s acts
IF ANY OF THE SECTIONS FAIL IT IS MURDER
all must pass for it to be voluntary manslaughter
