Diminished Responsibility (Subsection 1A (Abnormality of MF (Recognised…
Created by S.2 Homicide Act 1957. S.52 of the Coroners and Justice Act 2009.
"A person who kills or is party to a killing of another should not be convicted of murder if they are suffering from an abnormality of mental functioning which
a) arose from a recognised medical condition
b) substantially impaired the D's ability to do 1 or more things in 1A
c) provides explanation for the D's acts and omissions in doing/being party to the killing.
Abnormality of MF
Recognised Med. Condition.
An Explanation for D's Conduct
Intoxication and AoMF
Intoxication due to Dependency
2 more items...
The abnormality of MF must have been the substantial cause of the killing, but need not be the sole cause as shown in R v Dietschmann.
Intoxication alone cannot support a defence of DR as shown in R v Dowds.
Under S.2 (1B) of Homicide Act 1957, there must be a casual connection between abnormality of MF and killing. Does not need to be the sole cause but substantial. R v Osbourne.
Does not need to totally impair, but must significantly impair in a way that it more than trivial or minimal. R v Golds.
Exercise Self Control
The D must show that the loss of control was caused by the recognised medical condition shown in R v Byrne.
Paranoid, Schizophrenia or Battered Wives Syndrome. R v Ahluwalia.
Nature of Conduct
Automatic State, Delusion of the Mind, Severe Learning Difficulties
Recognised by medical professionals. Psychological and physical conditions. R v Martin (Antony)
Term better for psychiatrists. R v Byrne. "so different from that of ordinary human beings that reasonable man would deem it abnormal"
a) Understand Nature of Conduct
b) Form Rational Judgment
c) Exercise Self Control