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  • S2 Homicide Act 1957 S.52 Coroners and Justice Act 2009

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    Hassam
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    The defense counsel argued that the appellant should have their conviction reduced to voluntary manslaughter on the grounds of diminished responsibility. They cited that the appellant suffered from PTSD due to childhood abuse and abandonment, which impaired their ability to control themselves. Medical records showed the appellant experienced nightmares and aggression. On the day of the incident, the victim taunted the appellant about being parentless, potentially triggering an impaired reaction due to their mental condition. Prior case law established that diminished responsibility could apply if abnormal mental functioning substantially impaired judgment or self-control. Therefore, the defense argued the appellant met the criteria for diminished responsibility to be considered.

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    My Intro (Respondent)

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    The defense counsel argued that the appellant should have their conviction reduced to voluntary manslaughter on the grounds of diminished responsibility. They cited that the appellant suffered from PTSD due to childhood abuse and abandonment, which impaired their ability to control themselves. Medical records showed the appellant experienced nightmares and aggression. On the day of the incident, the victim taunted the appellant about being parentless, potentially triggering an impaired reaction due to their mental condition. Prior case law established that diminished responsibility could apply if abnormal mental functioning substantially impaired judgment or self-control. Therefore, the defense argued the appellant met the criteria for diminished responsibility to be considered.

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    26 views2 pages

    S2 Homicide Act 1957 S.52 Coroners and Justice Act 2009

    Uploaded by

    Hassam
    The defense counsel argued that the appellant should have their conviction reduced to voluntary manslaughter on the grounds of diminished responsibility. They cited that the appellant suffered from PTSD due to childhood abuse and abandonment, which impaired their ability to control themselves. Medical records showed the appellant experienced nightmares and aggression. On the day of the incident, the victim taunted the appellant about being parentless, potentially triggering an impaired reaction due to their mental condition. Prior case law established that diminished responsibility could apply if abnormal mental functioning substantially impaired judgment or self-control. Therefore, the defense argued the appellant met the criteria for diminished responsibility to be considered.

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    of 2

    My Excellency if it may please the court may I proceed.

    Resp: Yes

    Thankyou

    1) I am mooter 1 from the team representing the appallent before the honorable court.

    Your Excellencies over the course of next 20 minutes myself and my co-mooter Hassan Raza with
    assistance of our researcher Kainaat Shabbir will be addressing 3 Questions against the prosecution
    before the honorable bench.

    Would my my Lords care for a summary of the facts.

    Aman was Pakistani immigirant in London who was introvert and shy boy.He was taunted by his school
    fellows on the bases of the race because he was the only asain in his school.Michelle also use to bully
    aman because pyschiacatric illness of PTSD and one day when aman taunted Michelle that she don’t
    have parents and in result she beaten him up and then after some series of events Aman slit his wrist
    and died due to a blood infection.

    Now the councel would procced to the q.1 that Is there any defence available to the apallent which
    could reduce her conviction to that of voluntary manslaughter.

    Yes, there is a partial defense of diminished responsibility available to the appellant which could knock
    down the conviction to that of voluntary manslaughter.

    Argument 1:

    The appellant had a certified psychological mental health condition called PTSD (Post-
    Traumatic Stress Disorder), which could reduce her conviction from murder to voluntary
    manslaughter. Diminished responsibility is set out in s.2 of the Homicide Act 19571 as amended
    by s.52 of the Coroners and Justice Act 20092.In section 2 of the Homicide Act 1957 (c. 11) (persons
    suffering from diminished responsibility), for subsection (1) substitute—
    “(1)A person (“D”) who kills or is a party to the killing of another is not to be convicted of murder if D was
    suffering from an abnormality of mental functioning which—
    (a)arose from a recognised medical condition,
    (b)substantially impaired D's ability to do one or more of the things mentioned in subsection (1A), and
    (c)provides an explanation for D's acts and omissions in doing or being a party to the killing.
    (1A)Those things are—
    (a)to understand the nature of D's conduct;
    (b)to form a rational judgment;
    (c)to exercise self-control.

    1 S2 Homicide Act 1957


    2 S.52 Coroners and Justice Act 2009
    (1B)For the purposes of subsection (1)(c), an abnormality of mental functioning provides an explanation for D's
    conduct if it causes, or is a significant contributory factor in causing, D to carry out that conduct.”

    (2)In section 6 of the Criminal Procedure (Insanity) Act 1964 (c. 84) (evidence by prosecution of insanity or
    diminished responsibility), in paragraph (b) for “mind” substitute “ mental functioning ”.
    The defendant successfully fulfilled the requirements of the act to rely on the defense:

    As evident from the facts Mitchell as a two-year-old, had been abandoned by her abusive and addict
    parents, after which she had recurring frightening nightmares up until the age of ten. She still got these
    nightmares occasionally. Since her parents abandoned her, Michelle has been moved from one foster
    home to another, with the same complaint from all her foster parents that she would be aggressive
    towards the other children, pay no heed to their pleas and would often get in trouble at school for
    getting into fights. Her recent foster family had her see a counselor who suggested that Michelle most
    probably she was suffering from a form of PTSD and that she recommended to see a psychiatrist so as to
    resolves her issue.My Lord,as a matter of fact it is clear that on the day the incident happened Aman
    came to Mitchell after his class threw his shoe on her and taunted her that she only bullies him because
    she has no parents My lord anyone in the same situation with a same history of abuse and with the same
    mental condition would have surely lossed her self control . As per the case of R v Byrne (19603) 2 Q.B
    396 it was held that Diminished responsibility covers all the activities of the mind. Abnormality of the
    mind does not have to be connected with madness and the defense was successfully pleaded. Hence, the
    defendant reasonably satisfied that because of her abnormality of the mind her mental ability was
    substantially impaired to either form a rational judgment or to exercise self- control.

    6) My Lords now my co-mooter Hassan Raza will continue from here.

    3 R vs Bryne 1960

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