Summary Diminished Responsibility Key Notes

DIMINISHED RESPONSIBIITY VOL MAN




1. Abnormality of mental funtioning


2. Caused by a recognised medical condition


3. Sustanitally impaired his acts or omissions


4. Abnormality must provide explanation for D's conduct



INTRO:

 D has a potential defence to murder of DR
 This is outlined in s52 Coroners and Justice Act (2009)
 Burden of proof rests with the D, who must prove it on a balance of probabilities
 Partial defence – reduces D’s murder conviction to manslaughter leading to discretionary
sentencing by the judge



1. ABNORMALITY OF MENTAL FUNCTIONING:



 Firstly, it must be shown that the D has an abnormality of mental functioning
 The test for this comes from the case of Byrne (psychopath) as the defendant must have a “state
of mind so different from that of an ordinary person that the reasonable man would term it
abnormal”
 In this scenario, it is clear that…



2. CAUSED BY A RECOGNISED MEDICAL CONDITION:

 Secondly, the abnormality must arise from a ‘recognised medical condition’
 This requires expert/medical evidence to be put before the jury
 This covers both psychiatric and physical conditions
 It does not have to be permanent – there is no requirement that it should have existed since
birth (Gomez), but it must exist at the time of the killing.



Recognised medical conditions:

 Psychopathy  Byrne
 Paranoia  Martin (Tony)