Diminished Flashcards
Definition (defence for voluntary manslaughter)
Partial defence to a charge of murder S.52 Coroners and justice act 2009 it is a 3 stage test
Stage 1
The D must be suffering from an abnormality of mental functioning which arose from a recognised medical condition
BYRNE An abnormality of mental functioning is ‘ a state of mind so different from that of ordinary human beings that the reasonable person would term it abnormal’
Recognised medical conditions
-Severe depression (Seers)
-PMT (Smith)
-Battered wives syndrome (Hobson)
-Epilepsy (Campbell)
-Paranoia (Martin)
-Irresistible impulses (Byrne)
-Alcohol dependency syndrome (Stewart)
Stage 2
the abnormality must have substantially impaired D’s ability to understand the nature of their conduct, form rational judgements or exercise self-control.
Impairment must be ‘Weighty, not trivial’ (Golds)
Stage 3
Abnormality must be the reason for the killing
S.2(1) B (Amended) Homicide Act 1957- abnormality must be a significant contributory factor in the killing of the V
Stage 3 side rule
Intoxication- ignore if D was intoxicated at time of killing, would the D still have killed if they were not intoxicated (Dietschmann)
IF THIS IS USED APPLY INTOXICATION DEFENCE