Criminal 2 - Voluntary Manslaughter - diminished responsibility

Question 1

Voluntary manslaughter - diminished responsibility - who has the burden of proof?

Answer 1

Defence to prove on balance of probabilities

Question 2

Voluntary manslaughter - diminished responsibility - what’s required?

Answer 2

• abnormality of mental functioning
• recognised medical condition
• explains D’s acts
• substantial impairment of D to
  — understand nature of conduct (respawn)
  — rational judgement (bro’s instructions)
  — exercise self control (devil)

Question 3

Voluntary manslaughter - diminished responsibility and intoxication - what’s the beef?

Answer 3

• If mental abnormality, would it impair despite being drunk?
• alcohol dependency - if caused D to drink then can be an impairment