1. Diminished Responsibility – September 2014

2. 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 20/01/2016 Free template from www.brainybetty.com 2

3. 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 3

4. 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? 20/01/20164 The sentence is not a mandatory life sentence

5. Watch and learn!  Watch the following video clips....  What does it tell you about DR?  YouTube - Mum pleads guilty to manslaughter of baby boys YouTube - Mum pleads guilty to manslaughter of baby boys  You Tube – Sentence You Tube – Sentence  Activity: What does DR mean? 20/01/20165

6. History…the Law…. The Homicide Act 1957 Provided three partial defences:  S2 – Diminished Responsibility  S3 – 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! 20/01/20166

7.   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) 20/01/2016 Free template from www.brainybetty.com 7 What the C&JA sets out ….

8. DR is a special defence D 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 20/01/2016 Free template from www.brainybetty.com 8

9. 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 20/01/2016 Free template from www.brainybetty.com 9

10. 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 20/01/2016 Free template from www.brainybetty.com 10

11.   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) 20/01/2016 Free template from www.brainybetty.com 11 When can DR be pleaded?

12. The 4 key issues  Now let us take each of the four key issues in turn … 20/01/201612

13. 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? 13 What abnormality did D have in R v Byrne 1960 Uncontrollable sexual impulses

14. 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. 20/01/201614

15. 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 ! 20/01/201615

16. DR....Session 2  Aim – Develop knowledge of second element of test  Objectives –  Analyse key cases, drawing out principles  Assimilate key rules for future use 20/01/201616

17.  Pictionary 20/01/201617

18. DR....Continued  Starter activity... Complete the consolidation activity on page 8 of your handout! 20/01/201618

19. 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 20/01/201619 We will now look at the second key issue ….

20.   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) 20/01/2016 Free template from www.brainybetty.com 20 2. Abnormality caused by recongnised medical condition What did the Yorkshire Ripper claim was the reason for his killings?

21. 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? 20/01/2016 21

22. Cases on the cause of the abnormality that the CPS accepted Research these cases from St Brendan's  R v Price  R v Skerton  R v Hampson  R v Lawson  R v Bailey 20/01/2016 Free template from www.brainybetty.com 22

23. 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? 20/01/201623

24. 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? 20/01/201624

25.  25 Intoxication and DR R 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.

26.  26 Intoxication and DR R 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

27.  27 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.

28.   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 20/01/2016 Free template from www.brainybetty.com 28 Task…

29.   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! 20/01/2016 Free template from www.brainybetty.com 29 Plenary…

30.   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….) 20/01/2016 Free template from www.brainybetty.com 30 DR…Session 3… Substantial Impairment…Aims and Objectives

31. 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 20/01/2016 Free template from www.brainybetty.com 31

32. 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 20/01/2016 Free template from www.brainybetty.com 32

33. 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. 20/01/2016 Free template from www.brainybetty.com 33

34.  34 Extent of the Abnormality Again, 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?

35. 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 20/01/2016 Free template from www.brainybetty.com 35

36.   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. 20/01/2016 Free template from www.brainybetty.com 36 4. The abnormality provides an explanation for D’s killing V

37.   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! 20/01/2016 Free template from www.brainybetty.com 37 Task…

38.   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 control 4.The abnormality provides an explanation for D causing Vs death (ie a causal link) 38 Summary…

39. 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. 20/01/201639

40. 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. 20/01/201640

41. 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? 20/01/201641

42.   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!! 20/01/201642 Conclusion…