Voluntary Manslaughter - Diminished Responsibility Flashcards
What is the definition of Diminished Responsibility?
Defence for murder where the defendant is suffering from a mental heath issue.
Defined under s.52 Coroners and Justice Act 2009 as a 3 stage test
What is Stage 1 of Diminished Responsibility?
The defendant must be suffering from an abnormality of mental functioning which arose from a recognised medical condition.
What does Byrne state?
Byrne states that an “abnormality of mental functioning” is a “state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal”.
Name some Examples of Recognised Mental Health Issues and their Cases.
Hobson– Battered Wives Syndrome.
Campbell – Epilepsy.
Seers – Chronic Depression.
Smith – Pre-menstrual Tension.
Stewart – Alcohol/ Drug Dependency Syndrome.
Martin – Paranoia / Personality Disorder.
Byrne- Irresistible Impulses.
What is Stage 2 of Diminished Responsibility?
The abnormality must substantially impair the defendant’s ability to:
Form a rational judgement. (the defendant is suffering from paranoia / schizophrenia / battered wives syndrome)
Understand the nature of their conduct. (the defendant has low mental age / suffering from delusions)
Exercise self-control. (suffers from irresistible impulse as in Byrne)
What does Golds state?
Golds states that the abnormality has to be “weighty” (substantial) not trivial.
What is Stage 3 of Diminished Responsibility?
The defendant’s abnormality must provide an explanation for the killing.
Section 2 (1B) of the (Amended) Homicide Act 1957 states that the abnormality must be “a significant contributory factor in causing the defendant to carry out the killing”.
What is the Intoxication / Drug side rule and Case?
If the defendant was suffering from an abnormality of mental functioning and was intoxicated at the same time the jury must ignore the drinking and consider the abnormality alone. (Dietschmann)
