Voluntary manslaughter: diminished responsibility

Question 1

what elements are required?

Answer 1

1. Abnormality of mental functioning arising from recognised medical condition (mental or physical)
2. Substantially impaired D’s ability to understand their conduct/form rational judgment/exercise control
3. Which explains their act/omission (significant contributing factor)

Question 2

give some examples of recognised medical conditions

Answer 2

depression, PTSD, battered person’s syndrome, diabetes, epilepsy, possible alcohol dependency syndrome

Question 3

explain diminished responsibility and alcohol addiction / voluntary intoxication

Answer 3

o Alcohol dependency syndrome  i.e. addiction rather than voluntary intoxication. Could D control drinking? Did they drink more that day for specific reasons? Seriousness of dependency?
o Voluntarily intoxicated? DR possible if act due to medical condition and not intoxication

Question 4

what is important to remember about D’s condition and the act?

Answer 4

D must have been suffering with the condition at the time of the offence and they must have done the act because of their condition

Jury decide with medical evidence.

Question 5

explain the legal and evidential burden

Answer 5

1. P must prove the AR & MR for homicide BARD
2. D must prove the legal and evidential burden for DR on BOP