Diminished Responsibility

• What is the definition of Voluntary Manslaughter?


  A special defence to murder that reduces the charge from murder to manslaughter.
• What are the elements required for Voluntary Manslaughter?


  AR + MR of murder + special defence.
• What is the definition of Involuntary Manslaughter?


  AR of murder, but no MR for murder.
• What is Homicide?


  The unlawful killing of a human being.
• How does Voluntary Manslaughter differ from Murder?


  Voluntary Manslaughter includes a special defence that reduces the charge from murder.
• What are the elements of the old defence of Diminished Responsibility?


  • D is suffering from an abnormality of the mind.
  • The abnormality arose from a condition of arrested or retarded development, inherent causes, or disease/injury.
  • The abnormality was a substantial cause of D’s act of killing.
  • The abnormality substantially impaired D’s mental responsibility for their acts.
• What are the elements of the new defence of Diminished Responsibility under the Coroners and Justice Act 2009?


  • D is suffering from an abnormality of mental functioning.
  • The abnormality arose from a recognised medical condition.
  • The abnormality was a significant contributory factor to the killing.
  • The abnormality substantially impaired D’s ability to:
  • Understand the nature of their conduct.
  • Form rational judgment.
  • Exercise self-control.
• How did the definition of abnormality change from the old to the new law regarding Diminished Responsibility?


  The new law requires an abnormality of mental functioning from a recognised medical condition.
• What case established the definition of abnormality of mental functioning?

  R v Byrne (1960).
• What is the significance of the case R v Golds (2016) in relation to Diminished Responsibility?


  It clarified that there must be a causal connection between the abnormality and the killing.
• What must D prove regarding the impact of the abnormality in Diminished Responsibility cases?


  D must prove that the abnormality had a specific effect on their mental functioning.
• In the scenario provided, what defence could Maria potentially use to avoid liability for murder?


  Maria could potentially use the defences of loss of control or diminished responsibility.
• What does the case R v Dowds (2012) illustrate about intoxication and Diminished Responsibility?


  Simply being intoxicated does not amount to a medical condition and cannot support Diminished Responsibility.
• What does the case R v Wood (2008) indicate about Alcohol Dependency Syndrome and Diminished Responsibility?


  Alcohol Dependency Syndrome can potentially support a claim of Diminished Responsibility.
• What must juries do when considering cases involving both abnormality and intoxication, as illustrated by R v Dietschmann (2003)?


  Juries must ignore the effects of intoxication and decide if the abnormality is the cause of the killing.
• What are the key changes to the defence of Diminished Responsibility under the new law?


  • Introduction of "abnormality of mental functioning."
  • Requirement for a "recognised medical condition."
  • Emphasis on the abnormality being a "significant contributory factor."
  • Clearer guidelines for juries regarding the impairment of mental abilities.
• What are the implications of the changes to Diminished Responsibility for defendants?


  • Potentially easier to establish a defence with clearer criteria.
  • Greater emphasis on medical evidence.
  • More structured approach for juries in assessing cases.
• What should be included in a detailed essay plan discussing the changes to Diminished Responsibility?


  Identify key changes, consider who benefits, evaluate criteria satisfaction, and suggest reform ideas.