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Diminished Responsibility - Coggle Diagram
Diminished Responsibility
D will be able to use if suffering from abnormal functioning which arose from a medical condition, impaired D's ability to understand the nature of D's conduct, form a rational judgement, exercise self control
created at a time when the death penalty was still used
created to give a partial excuse for those with medical conditions which were outside of insanity
D's abnormal mental functioning must be a significant contributory factor in causing the conduct
must fit within 3 conditions of
must be suffering an abnormality of mental functioning
abnormality must arise from a medical condition
abnormality must have substantially impaired the D's mental responsibility
Bryne [1960]
R v Gittens [1984]
D had depression and had attempted suicide. He drank and took prescription drugs. Enabled him to have a manslaughter charge, not murder as could use defence of diminished responsibility
only a defence for murder
if successful, enables D to be convicted of manslaughter and not murder
substantially impaired mentabiliy includes
understanding the nature of the conduct
forming a rational judgement
exercising self control
R v Miller (1972)
Held that jealousy was an abnormality of mental functioning
R v Hobson [1997]
Held that battered woman syndrome was an abnormality of mental functioning
R v Smith [1982]
Held that pre-menstrual tension was an abnormality of the mind
R v Campbell [1997]
held that epilepsy is an abnormality of the mind
the mental abnormality must give an explanation for D's actions
abnormality of the mind must be caused by an internal factor
external factors such as alcohol or drugs do not count, unless D is addicted which is an internal factor
R v Wood [2009]
D was an alcoholic, V was trying to perform sexual acts on D and D attacked him, killing him. Held that as an alcoholic, you are drinking involuntarily.
R v O'Connell [1997]
D took prescription sleeping drugs which gave him memory loss, when he killed V. Held that d couldn't use diminished responsibility as D took it voluntarily
binge drinking does not amount to being an alcoholic so cannot use dedence of diminished responsibility
R v Dowds [2012]
Jury decide if the defence can be used, after hearing medical evidence.
Not necessary to show a complete loss of control but evidence of planning from the D could be used to show the mental ability of the D was not impaired