Diminished responsibility

• 
  

  Diminished Responsibility (DR) is defined under S2 Homicide Act 1957 (amended by Coroners and Justice Act 2009).
• D must be suffering from an abnormality of mental functioning (AMF) at the time of the killing
• Determining if D suffers from an AMF

  1. Identify the RMC that D suffers from

  2. Explain how the AMF from the RMC substantially impairs D's ability to understand the nature of their conduct, form a rational judgement or exercise self-control

  3. Explain how the AMF provides an explanation for D's conduct (it caused D to carry out that conduct or was a significant contributory factor)
• The AMF doesn't have to be the only cause, just a significant cause
• intoxication?

  intoxication alone is not diminished responsibility. R v Dowds 2012. The immediate effect of taking alcohol or drugs is not an injury- di duca 1959 - even if it is decided it that alcohol has effected the mind it will not be considered as an abnormality of mental functioning.
• Regonised medical conditions with cases??

  • In R v Conroy (2017), all four psychiatrists and the

  Court of Appeal agreed that Autism Spectrum

  Disorder is a ‘recognised medical condition’.

  • In R v Squelch (2017), all three psychiatrists and the Court of Appeal agreed that paranoid personality disorder was a ‘recognised medical condition’ for the purposes of s 2.
• cases of recognised medical condition??

  • R v martin 2001 - paranoia
  • R v Ahluwalia 1992 - battered woman syndrome
  • R v seers 1984 - depression
  • R v brown - extreme stress
• what does the case of R v Stewart 2009 say about alcoholism??


  • if the abnormality come from intoxication and there is no other cause, there can be no claim of diminished responsibility, as per the cases of Egan and dowds
• R v woods - alcohol/drug dependency syndrome is an Recognised medical condition
• substantially impair D's ability:?s52 (1) (b)


  -AMF must substantially impair D's ability to understand the nature of his conduct (a), form a rational judgement (b) or exercise self-control (c). R v Golds 2016 shows that substantially impair means the AMF must make a real difference
• explain D's conduct? s52 (1B)


  -the AMF must provide an explanation for D's conduct. s2 (1B) says this is when the AMF provides an explanation for Ds conduct if it causes d to carry out that conduct

  -AMF was a significant contributory factor - Dietschmann 2003 - had a pre-existing AMF