Difference between Diminshed Responsibility and Insanity?

Except for the fact that D.R only applies to Murder and no other offence, are there any other differences? A bit confused..

Thanks :smile:

Reply 1

TheBigCh

Original post by barbdwyer

Except for the fact that D.R only applies to Murder and no other offence, are there any other differences? A bit confused..

Thanks :smile:

Pretty sure DR is just a temporary loss of control, insanity implies something more permanent? DR has a causal factor at the time.

Reply 2

barbdwyer

Original post by TheBigCh

Pretty sure DR is just a temporary loss of control, insanity implies something more permanent? DR has a causal factor at the time.

But it says for diminshed resp that the abnormality of mind must arise from 'any inherent cause' e.g schizophrenia or psychosis, which wouldnt lead to a temp loss of control.

Then for insanity, there must be a disease of the mind, so why does schizophrenia &psychosis, which are more permanent not fall under insanity?

Reply 3

D.R.E

Original post by barbdwyer

According to R v Byrne 1960, the D must demonstrate an 'abnormality of mind' arising from 'retarded development or other inherent causes', so all one can say is the difference between DR and insanity is that in one the 'abnormality of mind' is temporary - despite being caused by other 'inherent causes'- and in the other, it is permanent.

Has schizophrenia been used in a deference of DR? Seems like something that would go over to insanity to me.

Reply 4

Ape Gone Insane

Diminished (partial loss of control/sanity).
Insanity (total loss of control/sanity).

Reply 5

barbdwyer

Original post by D.R.E

That's what I thought. I know that in the act for DR, 'inherent causes' include schizophrenia, but I suppose schizophrenia can be used under DR and insanity.. DR if the schizophrenia caused the abnormality of mind during the time that the offence was committed (must have affected the mind temporarily) and insanity if the schizophrenia recurs, leading to a disease of the mind?

Reply 6

D.R.E

Original post by barbdwyer

I'm not sure tbh. DR has a lot to do with proving whether or not D had the mens rea (MR) for the the crime so it would go something like: 'Because I possess the underlying problem of clinical depression - which triggered my action at the time - then I do not have the full MR for murder'. So I suppose the poster who mentioned the level of 'loss of control' being the distinctive factor was correct.

Can schizophrenia be a 'total' loss of control? I think in some ways it can be considered such; but it is difficult to judge which side it falls on. Do you have any sources as to it being eligible for use in DR?

Reply 7

barbdwyer

Original post by D.R.E

Then does that mean for insanity, that the D doesn't posess the mens rea for murder at all? and so there's a 'total loss of control', whilst for DR, as the D has an element of the mens rea it's rather a 'partial loss of control'?

S.2 of the Homocide Act (for DR) specifies that the term 'inherent causes' can include psychiatric illnesses such as schizophrenia, but then s.3 (for insanity) states that a 'disease of the mind' covers mental disorders, also, as well as physical conditions.. so a bit on the fence with schizophrenia, i guess!