diminished responsibilty

• What section does this come under

  S.2(1) Homicide Act 1957 amended by s52 of Coroners & Justice Act 2009
• Definition of diminished responsibility

  D was suffering from an abnormality of mental functioning which :

  a) arose from recognised medical condition

  b) substantially impaired Ds ability to do 1 or more things in list in 1A

  c) provides an explanation for Ds acts being a party to the killing

  
  

  1A the 'things are'

  a) to understand nature of Ds conduct, or

  b) to form rational judgment,( ALUHWHALIA )or

  c) to exercise self control ( BYRNE )
• Define abnormality of mind

  In Byrne - the mind of the D has to be so different than that of an ordinary human beings to class as abnormal
• Case for abnormality of mental functioning

  BYRNE

  - D sexual psychopath strangled a woman

  - he had a condition came within definition of DR ( medical evidence showed he couldn't control his desires because of his condition )

  - as he was dangerous to society still received life sentence
• Describe - Substantially impaired Ds ability to understand nature of conduct, or form rational judgement or exercise self control ( case ) ?

  - In Golds Supreme Court held substantial impairment meant more than trivial
• Sections of DR


  - S2 homicide Act 1957 amended by s52 coroners & justice act

  - S52 (1) (a) recognised medical condition

  - S52 (1) (b) substantially impaired Ds ability

  - S52 (1) (c) provides explanation
• General cases


  - depressed grief reaction ( dietschmann )

  - battered women's syndrome ( ahluhwhalia )

  - depression ( seers ) ( gittens )
• DR and intoxication


  - intoxication alone cannot support a defence of DR ( dowds )

  HOWEVER

  - ADS ( alcohol dependency syndrome ) is a recognised medical condition and if D had resulting brain damage this can be included as abnormality of mental functioning ( R v wood )
• Dietschmann


  HELD - D must satisfy the jury that despite voluntary intoxication his abnormality of mind ( depressed grief reaction ) substantially impaired his mental responsibility for his acts