Diminished Responsibility- Cases

Form a rational judgement- R v Conroy (2017)

"A wrong judgment or outcome is by no means the same as an irrational one in all cases... It is regrettably the case that many killings, although obviously 'wrong', are all too 'rational'... e.g. killing a disliked wife or the gangland execution of a rival."

Intoxication- R v Joyce; R v Kay (2017)

"If an 'abnormality of mental functioning' arose from voluntary intoxication and not from a 'recognised medical condition' [D] cannot avail himself of the partial defence [of DR]. This is for good reason...

Substantial Impairment- R v Golds (2016)

"In the context of DR an impairment of consequence or weight is what is required to reduce murder to manslaughter, and not any impairment which is greater than merely trivial."

Need for Medical Evidence- R v Dix (1982)

"Scientific evidence of a medical kind is essential... While [s.2(1)] does not in terms require that medical evidence be adduced in support of a defence of DR, it makes it a practical necessity if that defence is to begin to run at all."- R v Bunch (2013)

Substantial Impairment-R v Lloyd (1966)

"Substantial does not mean total, that is to say, the mental responsibility need not be totally impaired, so to speak, destroyed altogether. At the other end of the scale substantial does not mean trivial or minimal. It is something in between."

Intoxication- R v Dietschmann (2003)

"The question is this: has [D] satisfied you that, despite the drink, his mental abnormality substantially impaired his mental responsibility for his fatal acts, or not? If he has satisfied you of that, you will find him not guilty of murder but ... guilty of manslaughter. If he has not satisfied you of that, the defence is not available to him."-

Intoxication is irrelevant- R v Gittens (1984)

"Where alcohol or drugs are factors to be considered [the jury] should be directed to disregard the effect of the alcohol or drugs upon [D]."

Provides an Explanation

D's abnormality of mental functioning must cause' or be a 'significant contributory factor' in causing, D to kill.

Abnormality of mental functioning- R v Gomez (1964)

No requirement that the abnormality be inherited or present from birth

Recognised Medical Conditions- since 2009 reform

◦ Adjustment disorder: R v Brown (2011); R v Blackman (2017) ◦ Alcohol Dependency Syndrome (ADS): R v Richardson (2016) ◦ Autism: R v Conroy (2017) ◦ Dementia: R v Beaver (2015) ◦ Depression: R v Potts (2015) ◦ Paranoia: R v Squelch (2017) ◦ PTSD: R v Janiszewski (2012) ◦ Schizotypal Personality Disorder (SPD): R v Brennan (2014) ◦ Schizophrenia: R v Jenkin (2014); R v Graciano (2015); R v Joyce (2017); R v Kay (2017)

Recognised Medical Condition- before 2009

◦ Battered Woman Syndrome (BWS): R v Hobson (1998) ◦ Epilepsy: R v Campbell (1997) ◦ Othello syndrome: R v Vinagre (1979) ◦ PMS: R v Reynolds (1988) ◦ Psychopathy: R v Byrne (1960) ◦ Psychosis: R v Sanderson (1994)