Diminished Responsibility in UK Law

Leading Cases
  • R v Neaven
    • Court of Appeal (Criminal Division)
    • 15 Mayo 2006

    (1) That the obligation on a defendant to advance his whole case at trial, and the scepticism directed towards tactical decisions, remain fundamental. (5) This is especially so if the potential vice of tactical decisions is met by undisputed evidence that such decisions were affected by the defendant's illness itself.

  • R v Clive Wood
    • Court of Appeal (Criminal Division)
    • 02 Abril 2009

    Accordingly when the sentencing court is assessing the seriousness of the offence with a view to fixing the minimum term, we can discern no logical reason why, subject to the specific element of reduced culpability inherent in the defence, the assessment of the seriousness of the instant offence of diminished responsibility manslaughter should ignore the guidance.

  • R v Church
    • Court of Criminal Appeal
    • 22 Marzo 1965

    For such a verdict inexorably to follow, the unlawful act must be such as all sober and reasonable people would inevitably recognise must subject the other person to, at least, the risk of some harm resulting therefrom, albeit not serious harm.

  • R v Kooken
    • Court of Appeal (Criminal Division)
    • 15 Mayo 1981

    Practically speaking, what difference, apart from the label, would intervention by us in the calling of the evidence make? If the evidence persuades us that diminished responsibility was made out, then the label of the crime would be changed from murder to manslaughter by reason of diminished responsibility. One then has to decide whether to leave the imprisonment standing or make a hospital order under section 65 in its place.

  • R v Smith (Morgan James)
    • Court of Appeal (Criminal Division)
    • 29 Julio 1998

    In our judgment the trial judge was wrong to rule and direct the jury as he did. The evidence of Drs Hamilton and Campbell as summarised above ought to have been left to the jury for their consideration. We have not overlooked the fact that by their verdict the jury rejected the defence of diminished responsibility and must therefore have not been satisfied to the requisite standard of the evidence of Drs Campbell and Hamilton.

  • R v Gittens
    • Court of Appeal (Criminal Division)
    • 12 Junio 1984

    The jury should be directed to disregard what, in their view, the effect of the alcohol or drugs upon the defendant was, since abnormality of mind induced by alcohol or drugs is not (generally speaking) due to inherent causes and is not therefore within the section.

  • R v Tandy
    • Court of Appeal (Criminal Division)
    • 21 Diciembre 1987

    Further, if the appellant Were able to establish that alcoholism had reached the level where although the brain had not been damaged to the extent just stated, the appellant's drinking had become involuntary, that is to say she was no longer able to resist the impulse to drink, then the defence of diminished responsibility would be available to her, subject to her establishing the first and third elements, because if her drinking Was involuntary, then her abnormality of mind at the time of the act of Strangulation Was induced by her condition of alcoholism. Further, if the appellant Were able to establish that alcoholism had reached the level where although the brain had not been damaged to the extent just stated, the appellant's drinking had become involuntary, that is to say she was no longer able to resist the impulse to drink, then the defence of diminished responsibility would be available to her, subject to her establishing the first and third elements, because if her drinking Was involuntary, then her abnormality of mind at the time of the act of Strangulation Was induced by her condition of alcoholism.

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Legislation
  • Homicide Act 1957
    • UK Non-devolved
    • 1 de Enero de 1957
    ......offence. S-2 . Persons suffering from diminished responsibility. 2 Persons suffering from diminished responsibility. . ......
  • Coroners and Justice Act 2009
    • UK Non-devolved
    • 1 de Enero de 2009
    ...... relation to accommodation the maintenance of which is the responsibility of a person other than the relevant authority in question. . (4) In ... Criminal offences . Partial defence to murder: diminished responsibility . . Murder, infanticide and suicide. . ......
  • Criminal Procedure (Insanity) Act 1964
    • UK Non-devolved
    • 1 de Enero de 1964
    ...... empower the prosecution to put forward evidence of insanity or diminished responsibility; and for purposes connected with the matters aforesaid. . ......
  • Criminal Justice and Licensing (Scotland) Act 2010
    • Scotland
    • 1 de Enero de 2010
    ...... . (5) This section does not affect any power or responsibility of the Scottish Court Service in relation to the publication of opinions ... . Diminished responsibility . 51B Diminished responsibility . . (1) A person who ......
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Books & Journal Articles
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Law Firm Commentaries
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