Diminished responsibilities
- Created by: Lizzie
- Created on: 13-04-14 12:02
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- Diminished Responsibility
- Coroners and Justice Act 2009 (s52)
- Originally set out in s2 Homicide Act 1957
- Where successful the defense reduces a murder conviction to manslaughter
- Originally set out in s2 Homicide Act 1957
- Requirements
- Abnormality of mental functioning caused by a recognized medical condition
- Medical evidence is provided in court and it will be up to the jury to decide whether the D is in fact suffering from that condition
- this is because medical evidence is an opinion so the jury need not necessarily follow it
- with new conditions there may be dispute within the proffession
- the test is- would a reasonable man consider the mental functioning to be abnormal?
- Alcohol and drugs
- disease such as alcoholism and drug addiction are included but impairments simply due to the consumption of alcohol are not.
- Tandy- alcoholic who strangled her daughter
- Gittens- killed wife and step-daughter depression with alcohol and drugs
- Dietschmann- adjustment disorder and voluntary drinking
- Medical evidence is provided in court and it will be up to the jury to decide whether the D is in fact suffering from that condition
- this abnormality must substantially impair the D's ability to either...
- a) understand the nature of D's conduct
- b) form a rational judgement
- Exercise self control
- definition of substantial (Lloyd)- "does not mean total... doesn't mean trivial or minimal. It is something inbetween"
- this must provide an explanation for D's conduct. Is there a connection to the killing?
- was the medical condition the reason for the killing or was it a significant contributing factor?
- Burden of proof is on D to prove he was suffering from DR
- Balance of probabilities- 51% sure D was suffering from DR
- Prosecution have to prove beyond all reasonable doubt that it has not been established
- Abnormality of mental functioning caused by a recognized medical condition
- Coroners and Justice Act 2009 (s52)
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