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VOLUNTARY MANSLAUGHTER- DIMINISHED RESPONSIBILITY - Coggle Diagram
VOLUNTARY MANSLAUGHTER- DIMINISHED RESPONSIBILITY
DEFINITION
Found in S2 HOMICIDE ACT 1957- Old defence didn't allow medically recognised mental disorders
Amended by S52 CORONERS AND JUSTICE ACT 2009- The new definition of the defence means that one of the essential elements of the defence is a recognised mental condition
ABNORMALITY OF THE MIND (OLD LAW) v MENTAL FUNCTIONING (NEW LAW)
D suffered from an abnormality of the mind
Depression, mercy killing, premenstrual syndrome and battered womans syndrome
R v Hobson- D stabbed and killed her abusive and alcoholic partner. Battered womans syndrome wasn't accepted in British standards. 2 reports of battered womans syndrome from 2 psychiatrists
The abnormality arose from a condition of arrested or retarded development, or any inherent causes, or was induced by disease or injury
D is suffering from an abnormality of mental functioning which arose from a recognised mental condition
This is a narrow and more modern approach which takes into account an understanding of mental health issues
R v Martin- The farm got broken into and the D shot at the men, killing the 16 year old, he pleaded that it was out of self defence. he appealed and said that his personality disorder should be taken into account
R v Byrne- D murdered a young girl staying in a hostel and then mutilated her body. He did this as he was suffering from irresistible impulses which he was unable to control
Abnormality of the mind means a state of mind so different from that of an ordinary human that a reasonable man would term it abnormal
SUBSTANTIAL CAUSE v SIGNIFICANT CONTRIBUTORY FACTOR
HOMICIDE ACT 1957- The D's abnormality needs to have been a substantial cause of the killing, but not necessarily the only cause
CORONERS AND JUSTICE ACT 2009- The abnormality must cause, or at least be the significant contributory factor to the killing
R v Dietschmann- D was in a relationship with his aunt and she gave him a watch before she died and when the watch fell and broke the D killed the V as a way of blame
HOMICIDE ACT 1957- The D was suffering rom depression but was also drunk when he killed the V. Even though the abnormality was the depression, the court accepted diminished responsibility- depression was a substantial cause
CORONERS AND JUSTICE ACT 2009- It's unclear whether the case would've gotten past the depression being recognised as a medical condition. It doesn't matter if drink or drugs are involved: whether the medial condition overrides that and is a significant factor contributor to the killing
SUBSTANTIALLY IMPAIRED
HOMICIDE ACT 1957- The abnormality substantially impaired the D's mental responsibility for their acts
CORONERS AND JUSTICE ACT 2009- The abnormality of mental functioning must have substantially inpaired the D's ability to:
Understand the nature of their conduct
Form a rational judgement
Exercise self-control
The word 'substantial' was considered in the case of R v Golds- demonstrates what the meaning of 'substantially impaired'. It says that the impairment must be more than minute or trifling
BURDEN OF PROOF
CORONERS AND JUSTICE ACT 2009- The defence must prove that the D was suffering from diminished responsibility at the time of the offence on the balance of probabilities. Expert evidence is required from at least 2 witnesses.
SUICIDE PACT
A partial defence to murder contained in S4 HOMICIDE ACT 1957
If a surviving person of a pact can prove they both intended to die, then the charge will be reduced to manslaughter
CRITICISMS
Burden of proof
Is placed on the D. Those claiming DR are at a disadvantage to those claiming loss of control. This is also in contravention to the ECHR Article 6(2)- innocent until proven guilty
Development maturity
The Law Commission suggests that development maturity isn't incorporated in the laws. The LC recommended that those under 18 should be included in the definition of DR as their brain isn't fully developed- ability to exercise self-control.
Currently younger children may be convicted as they can't rely on DR unless they show a recognised learning difficulty
REFORMS
Changed to acknowledge changes in medical knowledge
Changed the act to contain 'recognised medical condition'
Definition now stated that D's mental functioning must be 'substantially impaired' in order for the partial defence of DR to succeed