LAW P1 CRIM (VOL MANSLAUGHTER DR)

Question 1

What is Diminished responsibility?

Answer 1

Diminished responsibility is one of three special defences which exist solely for the offence of murder, and it is contained under s.52 coroners and justice act 2009.

DR has the potential to reduce a murder conviction to that of voluntary manslaughter.

Question 2

What are the 4 stages of diminished responsibility?

Answer 2

1. was the defendant suffering from an abnormality of mental functioning (AOMF)?
2. if D was suffering from AOMF, had this arisen from a recognised medical condition (RMC)
3. Had the AOMF substantially impaired their ability to understand the nature of their conduct
4. Does this therefore explain their behaviour

Question 3

What are the cases for DR?

Answer 3

Stage 1:

R v Byrne, an abnormality of mind is a state of mind so different from that of an ordinary person that a reasonable person would term it abnormal

Stage 2:

R v Woods, the defendant suffered from alcohol dependency syndrome

Stage 3:

R v Golds, the court leave the interpretation of the word substantial to the jury

Stage 4:

R v Dietschman, the jury should consider whether the abnormality alone substantially impaired the defendant’s responsibility