Diminished Responsibility

• What is diminished responsibility?


  A partial defence to a charge of murder which reduces the offence to one of

  voluntary manslaughter.
• What statute is diminished responsibility?


  Section 2 Homicide Act as amended by the Coroners and Justice Act 2009
• What are the 4 facts of diminished responsibility?

  - S.2 homicide Act 1957, as amended by the Coroners and Justice Act 2009

  - Only a defence for murder

  - If successful, defendant is automatically guilty of manslaughter

  - The burden of proof is on the defendant
• What is the 4 part test for diminished responsibility?


  1. The defendant was suffering from an abnormality of mental functioning

  2. Arising from a recognised medical condition

  3. Which substantially impairs the defendants ability to either:

  - Understand the nature of their conduct, or

  - Form a rational judgement, or

  - Exercise self-control

  4. Which provides an explanation for the defendants acts
• What is meant by abnormality of mental functioning?


  The defendants mental functioning is so different from that of ordinary human beings that the reasonable man would term them as abnormal (Byrne)
• Case Study: R v Byrne (1960)


  The defendant was a sexual psychopath who strangled a young woman and then mutilated her body. The medical evidence was that, because of his condition, he was unable to control his perverted desires. He was convicted of murder but the Court of Appeal quashed the conviction and substituted a conviction for manslaughter.
• What are some examples of medical conditions in cases before the 2009 act?

  R v Gittens (1984) (depression),

  R v Ahluwalia (1992) (Battered Spouse Syndrome),

  R v Campbell (1987) (epilepsy).
• What is included in 'recognised medical condition'?


  'Recognised medical condition' includes both psychological and physical conditions, these can include:

  - sleepwalking

  - paranoia

  - epilepsy

  - diabetes

  - battered women's syndrome

  - depression
• What must be 'substantially impaired'?


  The defendant's ability to do one of three things must

  be substantially impaired:

  - To understand the nature of his conduct

  - To form a rational judgement

  - To exercise self-control.
• What is does substantial impairment mean and what case tells us this?


  Substantial impairment does not mean total (Lloyd)

  It is down to the jury to decide whether the impairment was substantial or not (Byrne)
• When is the 'ability to understand the nature of his conduct' substantially impaired?


  - When the defendant kills whilst in an automatic state, e.g. sleepwalking

  - When the defendant kills whilst suffering from delusions (Ross)
• When is the 'ability to form a rational judgement' substantially impaired?


  When the defendant knows the nature of his conduct, but is incapable of forming a rational judgement about what he is doing. e.g. paranoia or schizophrenia
• When is the 'ability to exercise self-control' substantially impaired?


  When the defendant is acting under irresistible urges (Byrne)
• What is meant by the last part of the test for diminished responsibility: 'Provides an explanation for the defendants conduct'?


  The defendant has to prove that the abnormality of mental functioning provides an explanation for his acts and omissions in doing or being a party to the killing.
• Can intoxication alone support a defence of diminished responsibility?


  No, this is shown by the case of R v Dowds
• What does the case of Deitschmann tell us?


  If the defendants abnormality is brought about by a medical condition caused by drink/drug abuse they can claim the defence