Understanding The Defence Of Diminished Responsibility In Singapore

by 22 January 2025Knowledge & Insights

The defence of diminished responsibility is a legal concept that may reduce an accused person’s liability for certain criminal offences in Singapore. Understanding how this defence works and its potential implications can be crucial for those involved in serious criminal cases.

Knowing how this defence applies can help ensure a fair outcome if you or a loved one is navigating the justice system.

In this guide, we’ll explain the defence of diminished responsibility, when it can be used, and why having the best criminal lawyers in Singapore is essential for presenting this argument effectively.

What Is The Defence Of Diminished Responsibility?

The defence of diminished responsibility allows a person charged with murder to argue that their mental state at the time of the offence impaired their ability to understand their actions fully. If successful, this defence does not absolve the accused of liability. Still, it may reduce the charge from murder to culpable homicide.

The Courts recognise that individuals suffering from certain mental conditions may not act with the same intent or awareness as someone of sound mind. However, this defence must be substantiated with strong evidence, often requiring psychiatric evaluations and expert testimonies.

 

When Can This Defence Be Used?

The defence of diminished responsibility is not automatically applicable to all criminal cases. It is specific to situations where the accused’s mental state at the time of the offence significantly impacted their ability to function normally.

To successfully invoke this defence, the accused must meet certain legal criteria rigorously assessed by the Court.

1. Presence Of A Recognised Mental Disorder

To qualify for this defence, the accused must be diagnosed with a recognised mental condition. This includes disorders listed in standard psychiatric diagnostic manuals, such as schizophrenia, bipolar disorder, or severe depression.

Temporary mental states, such as extreme stress or emotional distress, generally do not suffice unless they are symptoms of a diagnosable condition.

The diagnosis must come from a qualified medical professional, often requiring the expertise of a psychiatrist who can testify in Court. This evidence forms the foundation of the defence, demonstrating that the accused’s mental disorder existed at the time of the offence.

2. Substantial Impairment

The mental disorder must have substantially impaired the accused’s ability to make rational judgments, control their behaviour, or understand the nature of their actions. This does not mean a complete inability to function, but the impairment must be significant enough to affect decision-making or self-control.

For example, an individual suffering from a severe delusional state might genuinely believe their actions were justified due to hallucinations or distorted perceptions of reality. The Court evaluates whether this impairment was major in the accused’s inability to act with normal reasoning.

3. Connection To The Offence

The mental disorder must have a direct and causal link to the criminal act. It is not enough for the accused to have a diagnosed condition; the defence must show that the disorder influenced or motivated the specific actions leading to the offence.

For instance, if a person with a recognised mental illness commits a violent act due to delusions or compulsive behaviour tied to their condition, this connection strengthens the case for diminished responsibility. Without a clear causal link, the Court may reject the defence.

 

Challenges Of Using This Defence

While the defence of diminished responsibility offers a pathway to reduce a murder charge to culpable homicide, it is not straightforward to establish. The legal and evidentiary requirements are stringent, and the process often involves significant challenges. Understanding these obstacles can help individuals and their legal teams prepare more effectively.

1. Burden Of Proof

The defence carries the burden of proving that the accused was suffering from a recognised mental disorder that substantially impaired their ability to act rationally at the time of the offence. This requires robust evidence, including:

  • Detailed psychiatric evaluations.
  • Medical records documenting the mental condition.
  • Expert testimony from a qualified psychiatrist.

The defence must also establish a direct link between the mental disorder and the criminal act. This can be complex, as the evidence must be convincing enough to withstand scrutiny from the prosecution and the Court.

2. Expert Disputes

In cases involving the defence of diminished responsibility, it is common for the prosecution and defence to rely on different experts who may present conflicting opinions. For example:

  • One expert might diagnose the accused with a severe mental disorder. At the same time, another might argue that the accused was capable of rational thought and deliberate action.
  • Experts may disagree on the extent to which the mental condition influenced the accused’s behaviour during the offence.

These disputes can create uncertainty and make it more challenging for the Court to reach a definitive conclusion. Effective cross-examination and persuasive arguments by skilled lawyers are essential to address such disagreements.

3. Judicial Scrutiny

The Courts in Singapore take a cautious approach to the defence of diminished responsibility to prevent its misuse. Judges scrutinise every piece of evidence to ensure that the defence is genuine and not being used as a strategy to evade justice. This scrutiny includes:

  • Assessing the credibility of expert witnesses.
  • Evaluating whether the evidence presented meets the legal criteria.
  • Considering the public interest and the gravity of the offence.

If the Court finds the evidence lacking or unconvincing, it may reject the defence, even if some criteria appear to be met.

 

Conclusion About Defence Of Diminished Responsibility In Singapore

The defence of diminished responsibility can significantly impact the outcome of a criminal case, but it requires careful legal strategy and strong evidence.

If you or someone you know is facing criminal charges, contact Tembusu Law. Our team includes some of the best criminal lawyers in Singapore, and we provide expert guidance and representation to achieve the best possible outcomes.

Contact us today for a free consultation.

 

Frequently Asked Questions About Defence Of Diminished Responsibility In Singapore

Can This Defence Absolve Someone Of All Liability?

No, it does not absolve liability but reduces the charge and may result in a lighter sentence.

What Evidence Is Required To Use This Defence?

Evidence such as psychiatric evaluations, expert testimonies, and medical reports is essential to support the defence.

Who Decides If This Defence Is Valid?

The Court reviews all evidence and determines if the defence meets the required legal criteria.

Do You Need A Lawyer To Use This Defence?

A skilled lawyer is necessary to present the defence effectively and protect the accused’s rights.

Where Can I Find Legal Help For This Defence?

Tembusu Law offers experienced criminal lawyers who can assist with using this defence in Singapore.

About the author

About the author

Tembusu Law

Jonathan is the Founder and Managing Director of Tembusu Law. He is also the founder of LawGuide Singapore, a prominent legaltech startup which successfully created and launched Singapore’s first legal chatbot in 2017.

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