Diminished responsibility determinations in England and Wales and New South Wales: whose role is it anyway?

Crofts, Thomas and Wake, Nicola (2021) Diminished responsibility determinations in England and Wales and New South Wales: whose role is it anyway? Northern Ireland Legal Quarterly, 72 (2). pp. 324-362. ISSN 0029-3105

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Official URL: https://doi.org/10.53386/nilq.v72i2.874

Abstract

A decade has passed since changes to Homicide Act 1957, s.2 under s.52 of the Coroners and Justice Act 2009, s.52 were implemented. The issues that have arisen since implementation have resulted in significant role confusion in the operation of the partial defence, with the real risk of inconsistent outcomes in practice. The article argues that medicalisation of the partial defence in E&W has impacted the role of parties in reaching plea agreements pre-trial, rendered the delineation between legal and medical questions regarding the recognised medical condition requisite unclear, and produced significant role confusion between medical experts and jurors in assessing the partial defence. The position stands in stark contrast to the approach under Crimes Act 1900 (NSW) s.23A, where the legislation explicitly outlines the respective role of the medical expert and jurors and prohibits experts from commenting on whether murder ought to be reduced to manslaughter in such cases.

Item Type: Article
Uncontrolled Keywords: benign conspiracy, Coroners and Justice Act 2009, diminished responsibility, intoxication, New South Wales, substantial impairment because of mental health impairment or cognitive impairment, substantial impairment by abnormality of mind
Subjects: M100 Law by area
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: John Coen
Date Deposited: 16 May 2022 09:29
Last Modified: 16 May 2022 09:30
URI: http://nrl.northumbria.ac.uk/id/eprint/49131

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