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Diminished Responsibility
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These are my lecture notes on the defence of diminished responsiblity. Case law is used to make critical points on the law in these areas.
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CRIMINAL LAWVOLUNTARY MANSLAUGHTER: Diminished Responsibility
BASIC READING:
Herring, Chapter 5 and another textbook on diminished responsibility
Further Reading:
M. Gibson, ‘Intoxicants and diminished responsibility: the impact of the Coroners and Justice Act
2009’ [2011] Criminal Law Review 909.
M. Large et al., 'Homicide due to mental disorder in England and Wales over 50 years' (2008) 193 The
British Journal of Psychiatry 130.
Law Commission, Murder, Manslaughter and Infanticide (Report No.304: 2006).
R. D. Mackay, 'The Coroners and Justice Act 2009 - partial defences to murder (2) The new diminished
responsibility plea' [2010] Criminal Law Review 290.
R. D. Mackay, ‘Diminished Responsibility and Mentally Disorder Killers’ in A. Ashworth & B. Mitchell
(eds.), Rethinking English Homicide Law (Oxford: OUP, 2000)
Ministry of Justice, Consultation Paper on Murder, manslaughter and Infanticide: Proposals for Reform
of the Law (2008).
J. Shaw and others, 'The role of alcohol and drugs in homicides in England and Wales', (2006) 101
Addiction 1117.
Parameters of the Defence:
Diminished Responsibility is a defence ONLY to Murder.
Diminished Responsibility is a Partial Defence – if raised successfully the accused will be
acquitted of murder, but convicted of manslaughter.
Moral character is so distorted that he is unable to critically evaluate his conduct.
Rationale of the Defence - D lacks rational capacity
Coroners and Justice Act 2009 s53 inserted a new definition of diminished
responsibility into the Criminal Justice Act (NI) 1966, s 5(1).
Case law predating October 2010 should be treated with caution.
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