Diminished Responsibility

• What act defines diminished responsibility?

  S.52 of the Coroners and Justice Act 2009
• What are some of the characteristics to consider for loss of self control?

  age, sex, circumstances, depression, history of sexual abuse but being intoxicated voluntarily cannot be.
• What are the elements that are necessary for diminished responsibility?

  • D must be suffering from an abnormality of brain functioning arising from a medical condition
  • This must substantially impair one of these 3 things: ability to understand nature of conduct, form a rational judgement or exercise self control
  • Does the abnormality provide an explanation for the D’s Conduct
  • Intoxication
• What is an abnormality of brain functioning and the case that defines it?

  A state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal. This was defined in R v Byrne where a sexual psychopath (who couldn’t control his urges) killed and mutilated a woman.
• What is is included in a recognised medical condition for diminished responsibility?

  It covers people with any psychological and physical condition, any recognised mental disorder and any physical condition that affects mental functioning 
• What does it mean to have something substantially impaired for diminished responsibility?

  When the Judge is guiding the jury on what substantial means they just need to use the ordinary definition and make their own decision on what it means. 
• What has to be substantially impaired for diminished responsibility?

  • Ability to understand nature of conduct: covers situations where the D is suffering from delusions and doesn’t know what he is doing. 
  • Ability to form a rational judgement: Those suffering from paranoia or schizophrenia may not be ale to make a rational judgement.
  • Ability to exercise self control: This can be seen in R v Byrne as the D couldn’t control his sexual desires and could use the defence
• What are the 3 rules for intoxication in diminished responsibility?

  • Intoxication alone cannot support a defence of diminished responsibility.
  • Intoxicated and having a pre-existing medical condition may be used (it depends)
  • The D has ADS so they cannot control their drinking so it is involuntary and can amount to diminished responsibility
• What case can be used to show that intoxication cannot support a defence of DR?

  R v Dowds: The D, in a drunken state, stabs his girlfriends 60 times.
• Wha cases show being intoxicated and having a medical condition mean DR can be used (depends)?

  R v Dietschmann: The D killed a friend who broke his dead Aunt’s watch whilst intoxicated but he was being medicated for suicidal thoughts. He was successful in using the defence as would have killed despite the alcohol

  R v Kay: D had a history of alcohol abuse and schizophrenia. On a 3 day bender, he thought he was Satan and so he brutal killed someone. The court said the killing was caused by the alcohol and not schizophrenia
• What case can be used to show that DR can be used when the D has ADS?

  R v Wood: D had ADS and was drinking heavily prior to being invited to spend the night at the V’s house. He woke up to find the V trying do do oral sex on him. He then used a meat clever to kill the V.  He was able to use DR
• What is R v Stewart?

  Set out a 3 stage test for the jury to consider.

  • Was the D suffering from an abnormality of mental functioning 
  • Was the abnormality due to ADS
  • Was the D’s mental responsibility substantially impaired

  If the answer is ‘yes’ to all 3, then the defence can be used