Diminished responsibility

Question 1

What act is the defence of diminished responsibility covered in?

Answer 1

S.2 of the Homicide Act and amended by S.52 of the Coroners of Justice act.

Question 2

What does the act state about diminished responsibility?

Answer 2

Person is not to be convicted of murder if:

1) Suffering from an abnormality of mental functioning which:
a) Caused by a recognised medical condition
b) Substantially impaired Ds ability to understand nature of the conduct, form rational judgement, exercise self-control.
c) Provides an explanation for the killing

Question 3

What is meant by abnormality of mental functioning?

Answer 3

Must be suffering from an abnormality of mental functioning.

R V Byrne:

• Sexual physchopath mutilated victim. Claimed he was unable to control his desires and acted under impulse.
• Decided it was up to the jury to decide what was covered.

‘State of mind so different from a normal person a reasonable ordinary man would consider it abnormal.’

Question 4

What is meant by recognised medical condition?

Answer 4

Abnormality must come from a medical condition and evidence will be required from medical professionals.
Includes psychological conditions and physical conditions.

R V Tandy:

• Alcoholic strangled her daughter.
• Stated she was able to exercise a degree of control over her drinking so was dismissed.
• Must show the drinking was completely involuntary.

R V Wood:

• Alcoholic, who after 2 days of heavy drinking killed a man who was performing oral sex on him while he was asleep.
• If they become so drunk they suffer an abnormality they may be acquitted.

Question 5

What is meant by substantially impaired?

Answer 5

Amount of impairment needed is up to the jury. Does not need to be total impairment as long as it is more than minimal.

R V Lloyd:
- D strangled wife. Lack of evidence that his abnormality was substantially impaired + no medical condition.

Question 6

What needs to be substantially impaired?

Answer 6

• Ability to understand the nature and conduct of the act.
• Unable to form a rational judgement.
• Unable to exercise self control.

(Only one needs to be impaired)

Question 7

What is meant by provides an explanation?

Answer 7

The abnormality may be the reason for the killing although it does not have to be the sole reason.

Question 8

What is the effect of intoxication?

Answer 8

Intoxication alone is not an abnormality.

R V Di Duca:

• Claimed toxic effect from alcohol had caused abnormality.
• Dismissed as there was no evidence it had caused this.

If all elements of DR are proved and the defendant was drinking the defence will still be available.

R V Dietschmann:

• Aunt died who he was having affair with became depressed. Victim broke the watch given to him as a present.
• Drinking + depression could have both played a part so defence available.

Question 9

Burden/standard of proof and effect of the defence?

Answer 9

BOP on D to convince the jury that they are suffering from DR.

Reduces sentence to voluntary manslaughter.