Diminished Responsibility, Voluntary Manslaughter (Section 52 of the Coroners and Justice act).
A3 revision summary for AQA A-level law. Used to plan/prepare for exam responses, A* grade revision summaries. Clearly defining step by step the law of Diminished Responsibility, Including all releva...
[Diminished responsibility] Recognised [Diminished responsibility] Intoxication) The jury [Diminished responsibility] Sentencing)
medical condition) Any condition must consider: Diminished responsibility is a special
recognised by the world heath i. Has D’s intoxication became involuntary? If defence to murder that lowers D’s
organisation can be used as a defence. so has it substantially impaired D’s abilities? conviction from murder to voluntary
• R v Martin) Paranoid personality (Tandy) manslaughter. If proven D’s sentence will
disorder (PPD) ii. Was D suffering from a recognised medial be lowed and will no longer have the
• R v Gittens) Chronic depression condition and then became voluntary mandatory life sentence fixed to a
• R v Tandy) alcohol dependence intoxicated? If so, the jury must consider murder sentence, instead D would be
syndrome – Not alcoholism whether D would have killed regardless of sentence with a discriminatory life
• R v Ahluwalia) Beaten wife the intoxication. (Grittens) sentence.
syndrome
• R v English) Pre menstrual tension
Voluntary Manslaughter
(Section 52 of the Coroners and Justice act)
Diminished Responsibility
❶ ❸ ❹
❷
Abnormality of That caused To explain D’s act
Recognised
mental substantial or omission in
medical condition
functioning impairment killing
[Diminished responsibility] The [Diminished responsibility] [Diminished responsibility] That caused [Diminished responsibility] To
abnormality of mental Recognised medical condition) The substantial impairment) It sates that a explain D’s act or omission in
functioning) The defence was defence was established under mind so different for the ordinary killing) It sates that D’s
established under S52(1) Coroner’s S52(1)(a) Coroner’s and Justice Act human being that the reasonable man abnormality was more than
and Justice Act 2009. It sates that a 2009. A recognised mental would term it abnormal. Substantial is minimal cause of the killing. D’s
mind so different for the ordinary condition is anything in the WHO less than total, but more than trivial impairment must explain why they
human being that the reasonable international classification of (Lloyd). D’s inability to understand: did what they did (Osborne).
man would term it abnormal. Diseases. It must be agreed by two i. Understand their conduct • R v Dietschman) Even without
• R v Byrne 1960) Psychosexual medical professionals at court. ii. From rational judgement intoxication he had sufficient
path who killed a woman in a • R v Martin 2002) Paranoid iii. Exercise self control abnormality of mental
YMCA personality disorder. • R v Byrne 1960) Psychosexual path functioning that impaired his
who killed a woman in a YMCA mental responsibility.
Jake Saville (LVTc2-12/13) 28
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