Diminished responsibility

Cards (11)


  • 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