Lecture notes
Diminished Responsibility and Manslaughter
- Module
- Criminal Law (LG2004)
- Institution
- City University (City)
lecture notes and key cases summary
[Show more]
Seller
Follow
Content preview
Diminished Responsibility and ManslaughterDiminished Responsibility
Diminished responsibility is also a partial defence specific to murder which if raised
properly can reduce the charge from murder to manslaughter.
There is no mandatory life sentence
Burden of proof is on the defendant to prove on the balance of probability
Provided for in Sec 2(1) of the Homicide Act 1957 – the homicide act talks about this
offence but the 2009 coroners and justice act amended it (you can refer to either
legislation when talking about it but just remain consistent)
Prosecution cannot initially charge manslaughter on the basis of diminished
responsibility; this is something the DEFENCE will raise
Elements of diminished responsibility
Found in Coroners and Justice Act 2009, s.52
1. D must demonstrate an ‘abnormality of mental functioning’ at the time of killing
a. Will need to produce expert medical evidence
b. R b Byrne 1960 2 QB 396 – defines diminished responsibility
c. Requires a link between defendants medically condition and the impact on the
mind
2. The abnormality must arise from a ‘recognised medical condition
a. This part of the act allows for the courts to acknowledge things that might
happen 30 40 50 years from today that were not there at the time of the act. For
example, a new recognized medical condition that arises in 2040 will still be
protected for the act
b. R v Brennan 2014 EWCA Crim 2387
i. Where there is agreement between a recognized medical condition
between the defence and prosecution then the jury must also accept that
medical condition.
1. Ex. Jury cannot say “oh we don’t think they are suffering from
depression”
c. R v Dowds 2012 EWCA Crim 281
i. Courts said although ‘acute intoxication’ is a recognized condition it will
not qualify as such for a defence in DR
ii. Read Lord Hughes judgment
iii. The presence of a recognized medical condition is a necessary but not
always sufficient condition to raise the issue of diminished responsibility
3. Abnormality must substantially impair D’s ability to: is there a connection between the
two? What was the effect of the abnormality of mental functioning? Not all three of the
following have to be satisfied. Was the D substantially impairment from:
a. Understand the nature of his/her conduct or
i. The D could not know what he/she is doing; inability to understand the
nature of his or hers conduct
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Marxxj. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £15.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
79373 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now