Diminished Responsibility

Cards (14)

  • Diminished responsibility comes under s2 Homicide Act, amended by s52 Coroners and Justice Act 2009.
  • Diminished responsibility has 4 elements:
    1. Abnormality of mental functioning
    2. Caused by a recognised medical condition
    3. This abnormality must substantially impair the defendant's ability
    4. This must provide an explanation for D's conduct.
  • Medical evidence must be provided in court to prove that the defendant is suffering with a mental disorder.
  • It is up to the jury to decide if they agree with the evidence.
  • The condition names must be accepted by respected classifications by organisations like World Health Organisations.
  • The "recognised mental functioning" is the illness.
  • The "abnormality of mental functioning" is the symptoms of the illness.
  • Diseases like alcoholism and drug addiction are included.
    Wood.
  • Bryne: Would a reasonable man regard the mental functioning as abnormal?
  • The abnormality must impair the D's ability to:
    1. Understand the nature of his conduct
    2. Form a rational judgement
    3. Exercise self-control
  • Lloyd: Word "substantial" should be given it's everyday meaning by the jury.
  • If the defendant would've killed without the impairment, they would not satisfy the "explanation" element.
  • s2(1B) amended Homicide Act 1957: "An abnormality of mental functioning provides an explanation for D's conduct if it causes, or is a significant contributory factor is causing D is carry out that conduct"
  • If there is an abnormality and the D has become intoxicated, the defence may be available.