Voluntary Manslaughter: Diminished Responsibilty

Question 1

Voluntary manslaughter

Answer 1

3 defences to changer murder
If once successful then it is reduced to manslaughter
Diminished responsibility- homicide act 1957
Loss of control - coroners and justice act 2000
Suicide pact - homicide act 1957

Question 2

Diminished responsibility

Answer 2

S2(1) homicide act and amended by CJA 2009
A person who kills or is a party to a killing of another is not to be convicted of murder if he was suffering from an abnormality of mental functioning which:
a) arose from a recognised medical condition
b) substantially impaired the Ds ability to:
- understand the nature of his conduct
- form a rational judgment
- exercise self control
c) provides an explanation for Ds acts and omissions in doing or being a party to the killing

Question 3

Burden of proof

Answer 3

On the d, but d only need prove it on the balance of probabilities

Question 4

Recognised medical condition

Answer 4

Byrne 1960
Sexual psychopath strangled and mutilated a woman
Medical evidence said that the abnormality of his mind meant he was unable to control his pervert desires

Question 5

Abnormality of mental functioning
Test

Answer 5

Ds mental functioning was so different from an ordinary human being, a reasonable man would term it abnormal

Question 6

Substantial impairment

Answer 6

Have to prove that the abnormality substantially impaired the Ds responsibility of his actions

Question 7

Substantial impairment
Prove minimum of 1 in court

Answer 7

To form a rational judgement
- doesn’t know nature of his conduct
- suffers from paranoia or schizophrenia
- battered women’s syndrome

Question 8

Providing an explanation for Ds conduct

Answer 8

D has to prove that the abnormality of mental functioning provides an explanation for his acts or omissions
Has to be a causal connection between abnormality of mental functioning and the killing
Must be a significant factor in the killing

Question 9

R v Golds 2014

Answer 9

D had history of a mental disorder
Killed partner by stabbing her 22 times
Mental disorder was a substantial impairment

Question 10

R v diestschmann

Answer 10

D killed friend who broke dead relatives watch
D medicated for suicidal thoughts relating to the relatives death
Mental disorder was enough to impair his ability