Volentary manslaughter - Deminished Responsibility

Question 1

Where is the law found for deminshed responsibility

Answer 1

s. 52 Coroners and Justice Act 2009

Question 2

What are the four parts of the arguement

Answer 2

1. Abnormality of mental funtioning
2. Arising form a Registered medical condition
3. Substantially impairs the Ds ability to understand the nature of their conduct, form a rational judgement or exercise self control
4. This provides an explanation for the D’s acts and omissions in doing the
   killing

Question 3

What is the burden of proof proof for the defence

Answer 3

balance of probabilities

Question 4

Under byrne, what is an AMF

Answer 4

“a state of mind so different from that of the ordinary human being, that the reasonable man would term it abnormal”

Question 5

R v Byrne

Answer 5

Defined AMF

Sexual Phycopath

Question 6

What are examples of cases and thier AMFs

Answer 6

• R v Sutcliffe - believed god was telling him to rid the world of all prostitutes
• R v Dunne - the D believed that his neighbour was trying to steal his soul with a hairbrush

Question 7

Where is the rule for registered medical conditions

Answer 7

5.52(1)(A)

Question 8

Name three examples of RMCs and thier case

Answer 8

Any of:
*Extreme jealously, Miller
*PMT, Smith and Reynolds
*Chronic depression, Gittens and Seers
*Battered Woman Syndrome, Ahluwalia, Thornton
*Paranoid personality disorder, Martin
*Psychosis, Byrne
*Brain damage, Hendy
* Acute stress disorder, Robson
* Post-traumatic stress disorder, Gray.
* Alcoholic Dependency Syndrome, Wood

Question 9

Is temporary intoxication a RMC

Answer 9

No - Di Duca/O’connell

Question 10

Will somebodt get the defence if they cannot control thier urge to drink

Answer 10

Yes, ADS is a RMC

Question 11

R v Stewart

Answer 11

Changed the law from Tandy to no longer need evidecne of brain damage for ADS to be a RMC

Question 12

R v Dietschmann

Answer 12

If intoxication makes the AMF worse, then the defence is still avalible

Question 13

How much impairment is required to forfill the ‘substanital impairment’

Answer 13

The jury decies

Question 14

R v fold

Answer 14

the judge diesnt need to explain the wording ‘substantial impairment’ unless a juror asks, then it is ‘weighty or important’

Question 15

Where are the types of sunstantail impairment stated

Answer 15

CJA s.52(1)(b

Question 16

What are the allowed types of substantail impairment (with examples)

Answer 16

• The ability yo undeerstsnd the Ds nature of conduct - R v dunne
  
  • The ability to form rational jugement -Ahluwalia
  • The ability to exersise self control - Byrne

Question 17

What is the wording for the impairement causing the killing and where is it found

Answer 17

s.52 (1B) Coroners and Justice Act 2009 An AMF provides an explanation for D’s conduct if it causes, or is a significant contributory factor in causing the D to act as he did.

Question 18

R v Sanders

Answer 18

The Jury found him guilty of murder alough he had an AMF as they didn’t think it caused the killing

Wife cheated on disabled and depressed man, got killed by hammer

Question 19

R v Walton

Answer 19

The AMF was not the reaosn of the killing

Killed a driver after they stopped to help

Question 20

what is the effect of the diminished responsability defence

Answer 20

Murder -> manslaughter

Question 21

R v Breneman

Answer 21

If two doctors prove that the RMC caused the AMF, the D cannot be convicted of murder