Voluntary Manslaughter: Diminished responsibility

Created by: leahallchin
Created on: 08-11-22 16:36

The Act

The Coroners and Justice Act 2009

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Abnormality of mental functioning

Byrne (1960) - 'A state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal'.

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Abnormality of mental functioning must result from...

Recognised medical conditions e.g. R v Reynolds - post-natal depression.

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Recognised medical conditions

Can be mental, physical or psychological conditions.

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R v Dowds (2012)

Voluntary acute intoxication is not capable of founding diminished responsibility.

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Abnormality of mental functioning caused by alcoholism

Alcoholism is accepted if: brain damage from alcoholism or drinking was involuntary.

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Wood (2008)

D had brain damage from alcohol so accepted as medical condition.

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R v Stewart (2009)

Alcoholism doesn't = diminished responsibility. Alcoholism doesn't automatically mean recognised medical condition satisfied.

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D's ability to do 1 of 3 things was substantially impaired

1) Ability to understand the nature of D's conduct. 2) Ability to form a rational judgement. 3) Ability to exercise self-control.

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1) Ability to understand the nature of D's conduct

E.g. suffering a delusion

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2) Ability to form a rational judgement

Cannot think through situation as it actually is e.g. schizophrenia.

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3) Ability to exercise self-control

R v Golds (2014) - Give 'substantial' its common sense meaning e.g. decent enough.

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Abnormality of functioning must be a significant contributing factor to the death

Abnormality of function must provide explanation for D's conduct. Doesn't have to be only factor, but must be a casual link between the abnormality and the killing.

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Intoxication & Abnormality

Dietschmann (2003) - Not about whether he would have killed if sober. Question is whether abnormality is sufficient alone, disregarding intoxication, to have substantially impaired his responsibility for his actions.

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Other cards in this set

Card 2

Front

Byrne (1960) - 'A state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal'.

Back

Abnormality of mental functioning

Card 3

Front

Recognised medical conditions e.g. R v Reynolds - post-natal depression.

Back

Card 4

Front

Can be mental, physical or psychological conditions.

Back

Card 5

Front

Voluntary acute intoxication is not capable of founding diminished responsibility.

Back

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Voluntary Manslaughter: Diminished responsibility