voluntary manslaughter- diminished responsibility Flashcards
booklet 12
Homicide Act 1957, s.2 as amended by Coroners & Justice Act 2009, s.52:
An Abnormality of Mental Functioning
Caused by Recognised Medical Condition
Substantially Impairs D’s ability
And Provides an Explanation for D’s actions
R v Wilcocks 2016
The burden of proof is on the defendant.
However this is only on the balance of probabilities.
R v Golds 2016
The defence requires medical evidence in order to succeed
R v Brennan 2014
Where medical evidence is uncontested and shows a clear abnormality, the murder charge should be withdrawn from the jury
Abnormality of Mental Functioning (AOMF)
This means the defendant’s mind is not working in the same way as a “normal” persons
This can be a physical or psychological condition, as long as it is recognised by the World Health Organisation’s International Classification of Diseases (ICD)
The medical evidence must show that the condition caused the abnormality of mental functioning.
This does not include voluntary intoxication.
Abnormality of Mental Functioning (AOMF) case
R v Byrne 1960
Recognised Medical Condition
Substantially Impairs
The Defendant’s ability to do one of three things must be impaired:
To form a rational judgement
To understand the nature of his conduct (severe learning difficulties, delusional)
Have self control
what was this originally from and what is it under now
Originally from R v Byrne, now in s.2 (1A) Homicide Act 1957
when can intoxication be taken into account
D has brain damage as a result of alcohol misuse
D is intoxicated involuntarily – either through being spiked or through alcohol dependency
D was intoxicated but also has a recognised medical condition which remained the cause of the killing, despite the intoxication
D has brain damage as a result of alcohol misuse case
R v Wood 2008
D is intoxicated involuntarily – either through being spiked or through alcohol dependency case
R v Stewart 2009
D was intoxicated but also has a recognised medical condition which remained the cause of the killing, despite the intoxication case
R v Dietschmann 2003
