Diminished responsibility and the drug scene

This article sets out the provisions of S.2 (1)-(3) of the Homicide Act 1957 and the judicial interpretations placed thereon and relates the importance of this section to the offence of murder and considers the province of the expert in regard to the Act and the difficulties encountered when experts interpret the words 'disease' and 'injury'. This is illustrated in relation to a recent Murder case where the Defendant had taken LSD and cannabis voluntarily, and deals with the question as to whether construction of the Act involves any assumption that permanent injury and non-self-induced injury are necessary ingredients to bring the defendant within provisions of S.2 (1), i.e. abnormality of mind induced by injury substantially impairing mental responsibility. Similarities are suggested between persons suffering from hallucinations, due to delirium tremens, severe concussion cases and LSD trip cases, and the question is posed as to whether it would be logical to say that temporary injury to the brain by poisoning has occurred in situations where there is a motiveless and bizarre killing following ingestion of large quantities of alcohol or drugs.