Diminished Responsibilty

Seite 1

A partial and specific defence to murder.

S2 Homicide Act 1957 amended by the Coroners and Justice Act '09

D will not be convicted of murder if;

D was suffering from an abnormality of mental functioning arising from a recognised medical condition as to substantially impair D's ability to understand the nature of his conduct, or form a rational judgement, or exercise self control, and provides an explanation for D's acts/ omissions in doing/ being party to the killing

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A- Abnormality of mental functioning

Byrne - A sexual psychopath, strangled and mutilated a young women. Medical evidence suggested he could not control himself

Legal Principle- "A state of mind so different from that of an ordinary human being that a reasonable man would term it abnormal. At the time of the killing

R- Recognised medical condition

Has to be recognised by the Royal college of psychiatrists

Martin~ Paranoid personality disorder

Ahluwalia~ Battered women's syndrome

Seers~ Depression

Boots~ Post natal depression

Brown~ Extreme stress

Edgington~ Schizophrenia

RMCs and intoxication

Di Duca- D can't say his responsibility was diminished/ impaired because he was drunk

Legal Principle- The effects of alcohol or drugs is not a medical condition

Wood

Legal Principle- Alcohol dependency syndrome and drug dependency syndrome are RMC's

Tandy- Mrs T drank voluntarily so was able to control it so not ADS

Legal Principle- Persistent abuse of alcohol or drugs that leads to brain damage is an RMC

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S- The abnormality must substantially impair D's ability to do one of three things

Lloyd

Legal Principle- More than trivial but less than total

Golds

Legal Principle- Ask the the jury whether any impairment made any real differences to the D's conduct

1. Understand the nature of his conduct

2. Exercise self control

3. Form a rational judgement

E- Abnormality must provide an explanation for D's conduct

Section 2 (1b) of the homicide act;

"The abnormality of mental functioning provides an explanation for D's conduct if it causes, or is a significant contributory factor in causing D to carry out the conduct"

This means it caused D to kill or is the significant contributory factor in D killing

Dietschmann- D suffering from an adjustment disorder in the form of a depressed grief reaction to the death of his aunt. He had also been drinking before killing the victim

Legal Principle- Doesn't have to be the sole cause

Sanders- Medical evidence agreed 'abnormality of mind'

Legal Principe- Jury do not have to accept medical evidence in isolation. Other circumstances can be considered