diminished responsibility
- Created by: Emma-Cargillxx
- Created on: 02-06-17 09:14
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- Diminished Responsibility
- Diminished Responsibilitycomes under voluntary manslaughter where the defendant has committed murder but raises a special defence which justifies a lesser sentence.
- There are 3 circumstances for this
- Diminished Responsibility
- Loss of Control
- Suicide Pact
- Special Defences are only used when the defendant is charged with murder
- There are 3 circumstances for this
- Diminished Responsibilitywas introduced by the Homicide Act 1957 and amended to coroners & justice act 2009
- Requires the defendant to prove on the balance of probabilities...
- 1. D was suffering from an abnormality of mental functioning
- The test for abnormality of mental functioning is a state of mind so different from that of an ordinary person that a reasonable person would term it abnormal ( R V Byrne)
- It is not necessary to show the abnormality existed from birth (R V Gomez)
- Psychopath R V Byrne) Depression (R V Seers) Battered Woman Syndrome (Ahluwalia)
- InToxication is not allowed for abnormality of mental functioning unless it reaches a stage where the brain has been injured = (R V Tandy)
- Medical Evidence from two psychologists
- 2. Which is due to a recognised medical condition
- 3. Which substantially impaired the defendants ability to...
- Understand Nature & Conduct
- D is in an autonomic state and does not know what they are doing, (delusions,learning difficulties)
- Form Rational Judgement
- People suffering from paranoia/ schizophrenia won't be able to form rational judgement(Sensible)
- Exercise Self Control
- R V Byrne = medical condition meant he was unable to control perverted desires
- Lloyd = the impairment does not mean total nor does it mean trivial, it must be something in between
- More than trivial impairment less than total
- Understand Nature & Conduct
- 4. The abnormality of mental functioning must provide an explanation for defendant causing victims death
- Abnormality must be the cause or significant cause of the death
- Drinking/ Taking Drugs is not a medical condition even if it has an effect on the brain unless it creates a recognised abnormality (Di Duca)
- When defendant was suffering from alcoholism and this was a significant factor in causing abnormality this would be considered an abnormality of mental functioning (Wood)
- 1. D was suffering from an abnormality of mental functioning
- Diminished Responsibilitycomes under voluntary manslaughter where the defendant has committed murder but raises a special defence which justifies a lesser sentence.
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