Diminished Diminished Responsibility – Responsibility –

September 2014September 2014

Aims and Objectives Our aim is to

develop .....................and .........................of the key rules within Diminished Responsibility by:

Identifying the statutory definition

Breaking down each element of the statutory definition

Researching key cases Applying those cases to

mini problem questions

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By the end of the topic you should be able to

… Define Voluntary Manslaughter State the definition (as amended) of diminished responsibility Explain the relationship between diminished responsibility

and murder Explain the impact of a successful plea of diminished

responsibility Explain cases that illustrate circumstances that can amount

to an abnormality of mental functioning Explain cases that relate to the cause and effect of the

abnormality Apply the rules to a given problem and reach a sustainable

conclusion

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What is Voluntary Manslaughter?

It is where D causes the death of a victim with the intent to kill or cause serious injury but one of three special partial defences applies. The successful plea of one of the partial defences reduces a Murder conviction to one of Voluntary Manslaughter? Q: What is the

impact of this for the Defendant?

03/05/23 4The sentence is not a mandatory life sentence

Watch and learn! Watch the following video clips.... What does it tell you about DR?

YouTube - Mum pleads guilty to manslaughter of baby boys

You Tube – Sentence

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History…the Law….The Homicide Act 1957 Provided three partial defences:S2 – Diminished ResponsibilityS3 – Provocation (now Loss of Self Control)S4 – Suicide Pact

The Coroners and Justice Act 2009 has since amended the Homicide Act 1957. YOU MUST LEARN THE NEW LAW!

We will study Diminished Responsibility and Loss of self control only.

Exam hint… these topics will most commonly be combined with murder and defences of insanity, lawful force and/or mistake!

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S 52(1) CJA 2009 “A person (D) who kills or is party to a killing of another is

not to be convicted of murder if; D was suffering from an abnormality of mental

functioning which Arose from a recognised medical condition Substantially impaired D’s ability to understand the

nature of D’s conduct, to form rational judgment, to exercise self control

Provides an explanation for D’s acts and omissions in doing or being party to the killing (this means there is a causal link between the medical condition and the killing)

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What the C&JA sets out ….

DR is a special defenceD bears burden of

proof on balance of probability (this is a reversal of the usual criminal standards)

Why does this reversal occur?

Look up R v Ali , R v Jordan for the answer

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So, the four key issues are:

1.D suffered from an abnormality of mental functioning

2.Caused by a recognised medical condition

3.Substantially impaired D’s responsibility

4. Provides an explanation for Ds acts or omissions

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When can DR be pleaded?

Usually a plea of guilty to manslaughter by reason of DR is offered by D and is accepted by the CPS where the medical evidence shows perfectly plainly that the plea is one that can properly be accepted as in Cox 1968. It is perfectly proper for P to accept DR plea if medical evidence clearly shows it When accepted by the CPS it saves the time and expense of a murder trial The CPS accept ¾ of all pleas of not guilty due to DR. Of the remainder that are heard by the jury in the murder trial only 25% are accepted

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In Vinagre 1979 the CoA found that the plea should only be accepted where there is “clear evidence of mental imbalance”

On appeal, the court may accept that evidence of DR should have been left to the jury in the initial trial.

Eg R v Martin (Paranoid personality)

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When can DR be pleaded?

The 4 key issues Now let us take each of the four

key issues in turn …

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1. Abnormality of Mental Functioning…

It is for the defence to prove the D was suffering from an abnormality of the mind. This must always be supported by medical evidence.

An abnormality of the mind has been held to be something which is so different from that of ordinary human beings that the reasonable man would find it abnormal!

Is this a subjective or objective standard?Why?

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What abnormality did D have in R v Byrne 1960

Uncontrollable sexual impulses

Task… Using the

resources available to you complete the case research on abnormality of mental functioning on your handout paying particular attention to the principles of cases.

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Plenary…Round Robin Pack away your

notes… State one thing

you have learned about DR today. You can’t use anyone else's points! So listen carefully!

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DR....Session 2 Aim – Develop

knowledge of second element of test

Objectives – Analyse key cases, drawing

out principles Assimilate key rules for future

use

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Pictionary

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DR....Continued Starter activity ...

Complete the consolidation activity on page 8 of your handout!

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Remember the four key issues….

1.D suffered from an abnormality of mental functioning

2.Caused by a recognised medical condition

3.Substantially impaired D’s responsibility

4. Provides an explanation for Ds acts or omissions

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We will now look at the second key issue ….

The cause of the abnormality must arise from a recognised medical condition.

The condition need not be permanent but it must be present at the time of the killing. It could be induced by either disease or injury.

Intoxication itself will not be a sufficient cause although in recent years the courts have taken a more lenient view of Alcohol Dependency Syndrome (see R v Wood)

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2. Abnormality caused by recongnised medical

condition

What did the Yorkshire Ripper claim was the reason for his killings?

Cause of the Abnormality

The cause of the abnormality can therefore arise from any recognised medical condition including arrested or retarded development, any inherent causes, or be induced by injury

What do you think might be classified as an abnormality?

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Cases on the cause of the abnormality that the CPS acceptedResearch these cases from St Brendan's R v Price

R v Skerton

R v Hampson

R v Lawson

R v Bailey03/05/23 Free template from

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However, if the prosecution do not agree there was an abnormality of the brain it is up to the jury to decide What did the jury decide in

the cases of:- Butters

And

- Sutcliffe?

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The Effect of Alcohol…(as a cause of the abnormality)

The abnormality of mental functioning must usually be caused by an inside source which therefore excludes drink or drugs.

Research the cases on your handout in relation to alcohol.

What do they tell you about intoxication and DR?

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Intoxication and DRR v Tandy (1989)

R v Gittens (1984)

Drunkenness is NOT an abnormality of the mind. Only if alcoholism has reached such a state that the brain has been injured or drinking was involuntary.

Trial judge was it depression or intoxication that was the substantial cause of D's state of mind? CA said the jury should have been directed to disregard the effect of the drink and drugs and then consider whether the effect of the other cause(s) was enough that it substantially impaired D's responsibility for his acts.

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Intoxication and DRR v Dietschmann (2003)

R v Wood (2004)

.

Approved Gittens … Disregard drink. Did other causes impair his responsibility? They need not be the only cause.

A man suffering from alcohol dependency syndrome may be incapable of making a truly voluntary choice whether or not to drink, and may therefore be involuntarily intoxicated. Dietschmann modified the ruling from Tandy 

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Summary of Intoxication and DR

• Just being drunk will not in itself amount to an abnormality of the mind.

• Alcoholism however might…

• It is up to the jury to decide if the consumption was because of alcohol dependency

.

Review your notes and complete the

consolidation section in your handout. Extension… add the key cases to your case

table and summarise the principle in your own words

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Task…

The Alphabet Game…. Working in pairs complete the alphabet game

on the elements of DR you have studied to date!

The team with the most correct answers wins!

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Plenary…

Our aim is to develop………………..and

understanding of the third key rule by:- Examining the rule in detail (AO…) Identifying key cases to support the

definition of substantial (AO….) Analysing the principles of the cases (AO…) Applying the principles to solve problems

(AO….)

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DR…Session 3… Substantial Impairment…Aims and

Objectives

So, the four key issues are:

1.D suffered from an abnormality of mental functioning

2.Caused by a recognised medical condition

3.Substantially impaired D’s responsibility

4. Provides an explanation for Ds acts or omissions

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Effect of the abnormality

D must prove that the abnormality of mental functioning substantially impaired his mental responsibility to:-

Understand the nature of his conduct

  Form a rational

judgement   Exercise self control

This is a question of fact to be determined by the jury

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Extent of the Abnormality

Abnormality must have been substantially greater than would have been experienced by an ordinary person.

Impairment must be more than trivial – Simcox 1994

R v Lloyd – held that substantial means more than trivial but not a total or absolute impairment.

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Extent of the AbnormalityAgain, the jury must determine as a matter of fact

the extent of the abnormality, but will normally be guided by medical evidence

In the following cases did the jury believe the abnormality diminished D’s responsibility??-Byrne? -Sutcliffe?-Price?-Jama?

So, the four key issues are:

1.D suffered from an abnormality of mental functioning

2.Caused by a recognised medical condition

3.Substantially impaired D’s responsibility

4. Provides an explanation for Ds acts or omissions

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In essence, this means that the abnormality itself is

the cause or the significant contributing factor in causing D to carry out his conduct which killed V.

To put it simply, we ask is there a causal link between the medical condition and the killing.

Both factual and medical evidence can be taken into account here. The abnormality need not be the only reason provided it is the significant contributing factor.

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4. The abnormality provides an explanation for D’s killing

V

Using the resources available to you try

to identify as many cases as you can that would support this rule.

Be prepared to share your findings with the class and to justify your choices.

Once you have shared your findings we will agree a list of appropriate cases!

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Task…

D must prove on balance of probability 1. D was suffering from an abnormality of mental

functioning 2. The abnormality was caused by a recognised

medical condition 3. The effect of the abnormality was to

substantially impair D’s mental responsibility to Understand the nature of his conduct Form a rational judgement Exercise self control4.The abnormality provides an explanation for D

causing Vs death (ie a causal link) 38

Summary…

Task… Complete the

revision table on pages 18 and 19 of your handout …

If there is anything you are stuck on you must go back over your notes and do some extra reading.

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Task… Look at the problem

on page 15 (Tommy). Plan your answer in

detail using legal authority to support your work and using the IDEAL structure

You may choose a method which compliments your learning style when completing your plan.

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Task In the groups

allocated to you by your tutor, now complete the stretch and challenge discussion points in the same way.

What is D likely to be convicted of any why?

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Can you define Diminished

Responsibility? Can you identify the four key rules? Can you explain cases under each

key rule? Give me some examples Can you apply these rules to help

solve a problem? If so well done. If not… spend some

time going over your notes as you need to know this!!

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Conclusion…