Juries had to deal with difficult medical definitions, some medical definitions were doubted by the courts, psychiatric evidence was crucial, blurring of LOC, some definitions difficult for doctors to use
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Facts and figures?
About 80% of pleas accepted at the initial stage, 1 in 6 adults will experience mental health problems
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What law is it now governed under?
S52 of the Coroners and Justice Act 2009
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What is the definition of diminished responsibility?
An abnormality of mind caused by a recognised mental condition which provides an explanation for the defendant's acts/omissions in being party to the killing
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What can this cause a defendant to do?
Substantially impair their ability to; form a rational judgement, exercise self control / understand the nature of their conduct
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What is the leading case on diminished responsibility?
R v Byrne - murdered a young girl and mutilated her body due to irresistible impulses
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What can be an abnormality of mind?
Battered women syndrome (Ahluwalia), irresistible impulses (Byrne), depression, post natal depression, paranoid personality disorder, paranoid psychosis
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What is a case example on alcohol?
Fenton - killed 4 people in one day because he was an aggressive psychopath
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What is another case on alcohol?
Tandy - drunk a whole bottle of alcohol and strangled her daughter to death, not accepted
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What are the other cases on battered woman syndrome?
Hobson - stabbed her alcoholic and abusive partner to death, Thornton - killed her husband who was abusive and aggressive
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What other conditions have also been accepted?
Pre menstrual tension - R v Smith, epilepsy - R v Campbell, Jealousy; R v Miller
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Reactions to the new provisions?
They are narrower than the old law; mercy killings can be included, position regarding alcoholism is clear, new law makes it easier to differentiate between LOC and DR
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What is the rule on alcoholism?
If alcohol has reached the stage that the accused's brain has been damaged so much beyond judgement/no longer resist the impulse to drink, the defence is available
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