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Recognising acute intoxication as diminished responsibility? A comparative analysis

This article identified that the new 'recognised medical condition' requirement under amended s.2(1) of the Homicide Act 1957 is too broad, particularly in the context of intoxicated offenders. This was subsequently highlighted by the CoA in Dowds. Drawing on the law in Scotland, NSW and NZ, the author contends that an exclusionary conduct model would be apposite in terms of clarifying the RMC requirement as far as the intoxicated offender is concerned. The English Law Commission have since recommended a similar exclusionary clause in the context of its newly proposed 'not criminally responsible by reason of recognised medical condition defence'.