Showing posts from November, 2019

Diminished Responsibility (Summary)

The defense of diminished responsibility is raised when an accused is tried for murder and the defense puts forward the argument that at the time the accused committed the act he or she had lost, albeit temporarily, his or her ability to think and reason. It could either be due to a permanent illness see R v Smith (Morgan) (2000) or it could be due to an illness that makes itself obvious or apparent in temporary fits and seizures see R v Campbell (1997).
In R v Dunbar (1958) the accused entered a room occupied by an 84-year-old lady while she was sleeping to steal some money. The lady woke up and the accused fearing that the lady would recognize him picked up a bottle of lemonade that was close by and hit her with it and the injuries that she sustained subsequently led to her death. The accused was tried and convicted for murder.
At the trial, the accused raised the defense of diminished responsibility and he appealed on the grounds that the trial judge had misdirected the jury on the s…

Insanity (Summary)

The defense of insanity is a defense that is available to all crimes. When the judge or the jury finds that the defendant falls under the scope of the defense, the verdict that is to be returned is the verdict of not guilty by virtue of insanity.
Insanity differs from diminished responsibility (which is also a defense on a charge of murder or intending to cause GBH (grievous bodily harm)) in that insanity is caused by inherent factors and diminished responsibility is cause by external, often extenuating circumstances,  for example repeated abuse or aggravating someone who is intolerant of the victim’s actions.
The latter is more in line with the defense of automatism though automatism is usually the result of the excessive consumption of alcohol or the excessive taking of drugs, or a failure to do something that the defendant who is under medication should do, for example taking insulin without eating any food and thus going into hypoglycemia.
All three defenses, while they deal with the…