Which acts are diminished responsibility defined under ?
s.2 of the homicide act 1957 as amended by s.52 of the coroners and justice act 2009.
What is the test for diminished responsibility ?
s.52(1) D was suffering from an abnormality of mental
functioning.
-s.52(1)(A) Which arose from a recognised medical condition
-s.52(1)(B) Which must have substantially impaired D’s ability to do one or more of the things listed in subsection (1A), and…
-s.52(1)(C) Provides an explanation for D’s acts/omissions as a party to the killing
What is the definition of “abnormality of mental functioning ?
Which case established this ?
“A state of mind so different from that of ordinary human beings, that a reasonable man would term it abnormal”
Rv Bryne
What was defined under s.52(1)(a) about recognised medical conditions ?
The abnormality of mental functioning must arise from a medical condition that is recognised by psychiatrists according to an internationally defined list.
Examples of recognised medical conditions for diminished responsibility ?
sexual psychopath (Byrne) | chronic depression (Seers) | premenstrual tension (Smith) | battered wives’ syndrome (Ahluwalia) | mental deficiency (Speake) | post-natal depression (Reynolds) | alcohol dependency syndrome (Wood).
What is meant by ‘substantial impairment’ ?
Which case defined this ?
Substantial does not mean total. Substantial is more than
minimal or trivial. It is up to the jury to decide whether the D’s
responsibility was impaired so much by the medical condition to
kill
Rv Squelch
What are the three ‘things’ under subsection (1A), for ‘substantial impairment’ ?
s.52 (1A)(A) to understand the nature of D’s conduct
S.52(1A)(B) to form a rational judgment;
S.52(1A)(C) to exercise self-control.
What is meant by substantial impairment of the ability to ‘understand their conduct’ ?
D is in an automatic state and does not know what he is doing e.g. D has delusions or severe learning difficulties…
What is meant by substantial impairment of the ability to ‘form a rational judgment’ ?
D might know the nature of his conduct but might not be able to form a rational judgement
What is meant by ‘substantial impairment, of the ability to exercise self control’ ?
Exercise self control…
D cannot stop himself from killing.
What is the additional case ruling about “substantial impairment of ability to …”
Which case established this ?
The impairment must be ‘important or weighty’
Rv Golds
What are the three possibilitues, which arise, when diminished resposibility, is alongside intoxication ?
1) D has brain damage as a result of alcohol misuse. Here, the
brain damage can be included as an abnormality of mental
functioning
2) Where D is intoxicated involuntarily because of spiked drinks
or alcoholism which leaves D with no control over drinking.
3) Where D has a RMC and was voluntarily intoxicated, the jury
can take account of both the RMC & the intoxication related
to the RMC when considering causation.
R v Wood (2008)
Rv Tandy (1989)
Rv Dietschmann (2003)
