Voluntary Manslaughter- Diminished Responsibility Flashcards
Diminished Responsibility
S.52 of the Coroners & Justice Act 2009
Definition
Refers to an abnormality of mental functioning which (a) arose from a recognised medical condition, (b) substantially impaired D’s ability to (1) understand the nature of his conduct, or (2) form a rational judgement, or (3) exercise self-control, and provides an (c) explanation for D’s conduct.
Abnormality of mental functioning
Defined in the case of Byrne as: “ a state of mind so different that of ordinary human beings that a reasonable man would term it abnormal”
(a) Arose from a recognised medical condition
Medical evidence needs to be provided at the trial to prove that the cause of abnormality of mental functioning is a recognised medical condition
Conditions such as: mental deficiency, chronic depression (Gittens), battered womans syndrome (Ahluwalia), bipolar disorder, schizophrenia, epilepsy, diabetes
(b) Substantially impaired D’s ability to
Lloyd: stated that “substantial” does not mean total or trivial but something in between
(1) Understand the nature of his conduct
Where the D is suffering from delusions, severe learning difficulties ~ low mental age
Automatic state & therefore doesn’t know what they’re doing
(2) Form a rational judgement
The D can know the nature of his conduct but is unable to form a rational judgement
(3) Exercise self-control
The medical condition means that D is unable to control himself ~ Byrne
(c) Explanation for D’s conduct
Must be a causal link between the abnormality and the killing
The D must prove that his abnormality provides an explanation for his acts or omissions
Intoxication on its own cannot support a defence of diminished responsibility ~ Dowds
As long as the defendant satisfies the criteria of DR, the effects of intoxication are ignored ~ Dietschman
If the defendant suffered brain damage as a result of Alcohol Dependency Syndrome (ADS), the defence of DR could be available ~ Wood
