Diminished Responsibility

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s.52

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Diminished-How to Apply

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I-D (name) may be able to argue the defence of voluntary manslaughter

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specifically Diminished

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Responsibility.

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D- Section 52 Coroners and Justice Act 2009 defines diminished responsibility as having a 3 stage

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test

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S.L

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(1) b

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E- STAGE 1- The D must be suffering from an abnormality of mental functioning which arose from a

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recognised medical condition

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Byrne defined an abnormality of mental functioning as ‘a state of mind so different from that of

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ordinary human beings that the reasonable person would term it abnormal’.

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Recognised medical conditions:

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• Severe depression (Seers)

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•

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PMT (Smith)

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•

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Battered Wives Syndrome (Hobson)

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• Epilepsy (Campbell)

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• Paranoia/ personality disorder (Martin)

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• Irresistible impulses- (Byrne)

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• Alcohol Dependency Syndrome - (Stewart)

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A- APPLY the relevant ‘abnormality’ to the scenario

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E- Stage 2 the abnormality of mental functioning must have substantially impaired D's ability to

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understand the nature of their conduct

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form rational judgements

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Substantial impairment must be "weighty

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not trivial" (Golds)

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A- APPLY the relevant one(s) to the scenario

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E- Stage 3 states the abnormality must be the reason for the killing.

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s.2 (1) (B) (Amended) Homicide Act 1957. The abnormality must be a significant contributory factor

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in the killing of V. (meaning D only killed because of their abnormality.

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A- APPLY to the scenario

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SIDE RULE: Intoxication- Is the D was intoxicated at the time of the killing? If so

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IGNORE THE

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INTOXICATION- would the D have still killed if they were not intoxicated? - (Dietschmann) TIP: If you

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use this side rule

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also use intoxication as a defence.