Homicide - Diminished Responsibility 刑法教材.pptVIP

M’Naghten Rules In 1843 Daniel M’Naghten, intended to kill Sir Robert Peel, killed his secretary by mistake – DM pleaded insanity – acquitted of murder charge – judges formulated the M’Naghten rules which have since become accepted as providing a comprehensive definition of insanity M’Naghten Rules According to these rules, it must be proved by the defence, on a balance of probabilities that, at the time of the offence, D was labouring under such a defect of reason, arising from a disease of the mind, so as X to know the nature quality of the act he was doing, or, if he did know it, he did X know what he was doing was wrong Disease of the Mind R v Kemp K charged with causing GBH to his wife – evidence showed K suffered from arteriosclerosis (hardening of arteries) – although the disease had X reached a stage at which he displayed any general sign of mental trouble, it led to congestion of blood in the brain causing a temporary lapse of consciousness in which state the attack was made R v Kemp Held: arteriosclerosis is a disease capable of affecting the mind in such a way as to cause a defect, temporary or permanently, of its reasoning, understanding, etc. – it’s a disease within the McNaghten Rule Diminished Responsibility DR disease of the mind Insanity = a general defence DR covers wider area than insanity DR ≠ general defence DR is only available in murder cases R v Byrne B charged with murder of young girl whom he had strangled whose dead body he had mutilated – B admitted the facts of killing pleaded that he’s suffering from DR – convicted of murder – B appealed CA: “abnormality of mind” = a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal was wide enough to cover the mind’s activities in all respects including the ability to form a R v Byrne rational judgment as to whether an act was right or wrong the ability to exercise will power to control physical acts in accordance with rational judgm