Please enable JavaScript.
Coggle requires JavaScript to display documents.
Diminished responsibility - Coggle Diagram
Diminished responsibility
Intoxication
A) D intoxicated at the time of the killing - using defence of diminished responsibility
R v Dowds
- intoxicated is not a recognised medical condition - alcohol, drugs (legal or illegal) aromatherapy candles.
B) D intoxicated with pre-exsisting abnormalilty of mental functioning
Dietschmann
- did have pre-exsisting mental disability.
Ask jury despite the drink, would the mental abnormality substantially impair his mental response - if he didn't drink would he have done it.
C) addiction.
Alcohol dependancy syndrome - ADS - recognised medical condtion. its not just an addiction or a lot of alcohol it is when you cannot control the drinking.
R v Woods
was suffering from ADS - unsure about if it damaged the brain - if it is undamaged was the drinking voluntary or not
3 elements - all must be satisfied
Which arsies from a recognised medical condition?
Can be phsyical or psychological condition
International Classification of Diseases. - WHO
Anxiety disorder
Personality disorder
Alcohol dependancy - not alcoholic
Diabetes
Epilepsy
Sleep deprivation
learning diability
autism spectrum
schizophrenia
Which substantially impairs the defendant's ability to do certain things?
S2(1)(a)
To undertand the nature of his conduct, or...
automatic state, don't know what your doing.
severely low mental age
delusions
To form a rational judgement, or...
does know nature - may not form rational judgement
To exercise self-control
Byrne
- unable to control prevented desires.
Was the defendant suffering from an abnormality of mental functioning?
R v Byrne - state of mind so different from that of the ordnary that a reasonable person would term it abnormal - aka different from the normal
Need practical evidence
No clear definition in legislation - acknowledged as easier to grasp than define
And which provides an explanation for the defendant's acts and omissions in killing?
Golds - impairment must be caused by the abnormality of mental functions - addressed meaning of "substantial" - said was a word that wouldn't usually need explanation, but if jury do need guidance, it means "appreciable"
Distinction between insanity - where someone can't understand anything - and normal state of mind - this falls somewhere in between - the person has some idea of what they're doing and that it is wrong, but is unable to control it or understand why it's wrong
Burden of proof - on the defence - balance of probabilities
Created by Homicide Act 1957 s2 - amended by CJA 2009 s52