Voluntary Manslaughter- Diminished Responsibility

Question 1

What is Diminished Responsibility

Answer 1

A mental health condition
S.52 Coroner and justice Act 2009

Question 2

Stage 1 of Diminished Responsibility

Answer 2

D must be suffering from an abnormality of mental functioning which arose from a recognised medical condition

BYRNE- A state of mind so different from that of an ordinary human being that the reasonable man would term it abnormal

Question 3

Examples of mental health conditions
(Case order Alphabetical Order)

Answer 3

Irresistible impulses
Epilepsy
Battered Wife Syndrome
Paranoia/ Personality Disorder
Chronic Depression
Pre Menstrual Tension
Alcohol/ drug Dependancy Syndrome

Question 4

Case Examples for Mental health conditions
(Alphabetical Order)

Answer 4

Byrne
Cambell
Hobson
Martin
seers
Smith
Stewart

Question 5

Stage 2 of Diminished Responsibility

Answer 5

The abnormality must substantially impair the D’s ability to:

1) Form a rational judgement

2) Understand the nature of their conduct- Actions

3) Exercise self control

(GOLDS)- The abnormality has to be weight not trivial

Question 6

Stage 3 of Diminished Responsibility

Answer 6

D’s abnormality must provide an explanation for the killing
S.2(1B) (AMENDED)
Homicide Act 1957-
The abnormality must be a significant contributory factor in causing the D to carry out the killing

Question 7

Side Rule
Diminished Responsibility

Answer 7

DIETSCHMANN
Intoxication/ Drugs
If the D was suffering from an abnormality and was intoxicated at the same time the judge must ignore the intoxication and consider the abnormality alone