Diminished responsibility
- Created by: azdw
- Created on: 06-01-16 14:06
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- Diminished responsibility
- Homicide Act 1957 s2, as amended by s52 CJA 2009
- A D is not to be convicted of murder if D was suffering from an abnormality of mental functioning which :
- a) arose from a recognised medical condition (not limited to psychological impairments)
- voluntary acute intoxication cannot be relied upon - R v Dowd
- b) substantially impaired Ds ability to do one or more of: i) understand the nature of his conduct ii) form rational judgements iii) exercise self control
- meaning of substantial - more than trivial - R v Mark Richard Golds
- c) provides an explanation for Ds acts and omissions in doing the killing. There must be a link between the action and the condition.
- a) arose from a recognised medical condition (not limited to psychological impairments)
- Burden of proof: on defence
- Standard of proof : balance of probabilities
- R v Brennan : says jury can reject medical evidence even if it is unchallenged - sovereignty of the jury
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