DIMINISHED RESPONSIBILITY The Homicide Act 1957

Questão	Responda
What is diminished responsibility?	Diminished responsibility is a partial defence to murder that is covered under voluntary manslaughter. It was introduced under the Homicide Act 1957 as a criticism of the defence of insanity.
R V CAMPBELL	Diminished responsibility is no defence to attempted murder
R V DUBAR	Diminished responsibility must be proved by the defendant.
R V LAMBERT; ALI AND JONES	Placing the legal burden of proof on the defendant does not violate the presumption of innocence under Article 6.2 of the ECHR
What is an abnormality of mental functioning?	It must be proved that the defendant was suffering from an abnormality of mental functioning at the time at which the killing took place. This was changed from 'abnormality of the mind' to encompass all of the brains activities.
R V BRYNE	Lord Parker stated that an abnormality of mental functioning means 'a state of mind so different from that of an ordinary human being that the reasonable man would term it abnormal'.
What is a recognised medical condition?	It must be established that the abnormality of mental functioning is caused by a recognised medical condition. Must conditions are not recognised due to the introduction of the Coroners and Justice Act 2009.
R V SMITH	Pre-menstrual tension
R V ALHUWALIA	Depression
R V VINAGRE	Morbid jealousy
R V HOBSON	Battered woman syndrome
R V SANDERSON	Paranoid psychosis and fundamental mental illness as well as organic or physical injury or disease of the body, including the brain.
The defendants abilities must be substantially impaired	It must be proved that the recognised medical condition substantially impairs the defendants ability to form a rational judgement, exercise self-control OR understand the nature of their actions.
R V BYRNE	Lord Parker stated that 'the accused's mind must be answerable for his actions'
R V LLOYD	Whether or not the defendant's ability was impaired is for the jury to decide
R V RAMCHUM	It is not necessary for the defendant to show that his mental ability was so grossly impaired as to be extinguished.
R V BROWN	The impairment must be more than minimal.
Voluntary intoxication and diminished responsibility	Where the defendant is voluntarily intoxicated, they will not be able to use the defence - voluntary intoxication does not cause an abnormality of mental functioning
R V FENTON	Voluntary intoxication cannot produce an abnormality of mental functioning
R V WOOD	Sir Igor stated 'the consumption of alcohol cannot without more, bring his actions within the concept of diminished responsibility'
R V DOWDS	Voluntary intoxication is not capable of founding diminished responsibility
Alcohol dependency syndrome	Where the defendant suffers from alcoholism, this may amount to a recognised medical condition that causes an abnormality of mental functioning
R V TANDY	The disease of alcoholism can amount to an abnormality of mental functioning
R V WOOD	Alcoholism can be deemed as abnormality of mental functioning even when there has been no brain damaged due to the excess drinking
R V STEWART	Alcoholism will be deemed as a recognised medical condition where drinking done by the defendant has become involuntary
Multiple causes	Issues arise where the defendant suffers from multi causes. This may be that the defendant suffers from an abnormality of mental functioning but is also intoxicated at the time of the killing
R V GITTENS	The defendant's abnormality of mental functioning had bee caused partly by his depression and partly due to his consumption of alcohol
R V DIETSCHMANN	The jury should be directed to disregard the defendant's intoxication in such a situation.

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DIMINISHED RESPONSIBILITY The Homicide Act 1957

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	Criado por Chantal Briancon mais de 8 anos atrás