Kembaraxtra- Case Law-Tandy (1989)

Kembaraxtra- Case Law-Tandy (1989)
Area of Law: Diminished Responsibility; Intoxication; Alcoholism
Facts:

The defendant (D), an alcoholic, strangled her daughter after consuming nearly a bottle of vodka.

Issue:

Whether alcoholism and/or intoxication can constitute an "abnormality of the mind" for the purposes of a diminished responsibility defence to murder.

Held:

D was found guilty of murder.
Alcoholism or drug addiction is relevant to diminished responsibility only as a cause of an abnormality of the mind, not merely as an effect (i.e., intoxication itself).

Reasoning (per Watkins LJ):
Two potential scenarios were identified where alcoholism could be relevant to diminished responsibility:

Brain Damage: If alcoholism has caused brain damage resulting in gross impairment of judgment and emotional responses, this can constitute an abnormality of the mind for diminished responsibility. This requires demonstrating a physiological impact of long-term alcohol abuse.
Involuntary Drinking: If D's drinking was involuntary (e.g., due to addiction), then the abnormality of the mind at the time of the killing was induced by the underlying condition of alcoholism.

Key Takeaways:

Intoxication Alone is Insufficient: Simply being drunk at the time of the offence is not enough to establish diminished responsibility.
Causation is Key: The alcoholism must cause the abnormality of the mind.
Two Avenues for Alcoholism-Related Defence:
- Brain Damage: Show long-term alcoholism has resulted in demonstrable brain damage that impairs mental functioning.
- Involuntary Intoxication: Argue the drinking was involuntary due to addiction, and the resulting intoxication triggered the abnormality of mind.

LAW