Diminished responsibility

• Is DR voluntary or involuntary manslaughter?


  Voluntary
• Where is DR defined?

  S2 Homicide Act 1957 as amended by S52 Coroners and Justice Act 2009
• What 4 things must be satisfied?

  1) D suffering from an abnormality of mental functioning which;

  2) Arose from a recognised medical condition

  3) Substantially impaired D's ability to do one of the following, a) understand the nature of his conduct, b) form a rational judgement, c) exercise self-control

  4) Provides an explanation for D's act or omissions in doing the killing
• What is the first step?

  Abnormality of mental functioning
• Where is this defined and what is the definition?

  Byrne - 'a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal
• What is the second step?

  Arising from a Recognised Medical Condition (RMC)
• What are the cases on this?

  Coroners and Justice Act 2009 says it can be any condition in either the WHO's or American Psychiatric Association's definitions

  Byrne - psychotic disorders

  Ahluwalia - 'battered wife syndrome'

  Martin - depression

  Campbell - epilepsy

  Dowds - voluntary intoxication not linked to alcoholism not RMC
• What is the third step?

  Which substantially impairs D's ability to do one of the following;

  a) understand the nature of his conduct

  b) form a rational judgement

  c) exercise self-control
• What is the case on this?

  Golds - Impairment must be 'important or weighty
• What is the fourth step?

  Abnormality of mental functioning provides an explanation for the killing
• What are the cases on this?

  Dietschmann - if D intoxicated and suffering from abnormality of mental functioning - must ignore effects of voluntary intoxication

  Wood - if D has an addiction, the effect of the alcohol consumed because of the addiction must be considered (involuntary drinking) ... defence can still be pleaded but jury must only consider the effects of the involuntary consumption and disregard voluntary intoxication