DR

Question 1

Voluntary manslaughter, specifically Diminished Responsibility
Section 52 coroners and Justice Act 2009 defines DR as having 3 stages

Question 2

Stage 1- The D must be suffering from an abnormality of mental functioning which arose from a recognised medical condition (Byrne)- defined an abnormality of mental functioning as a state of mind so different from that of ordinary human beings that the reasonable person would term it abnormal

Answer 2

Severe depression (Seers)
PMT (Smith)
Battered Wives Syndrome (Hobson)
Epilepsy (Campbell)
Paranoia/ Personality disorder (Martin)
Irresistible impulses (Byrne)
Alcohol Dependency Syndrome (Stewart)

Question 3

Stage 2- the abnormality of mental functioning must have substantially impaired D’s understanding the nature of their conduct, form rational judgments, or exercise self control Substantial impairment must be weighty not trivial (Golds)

Question 4

Stage 3- states the abnormality must be the reason for the killing coroners and justice act 2009- Ds abnormality of mental functioning must be a casual connection to why the defendant killed. Under S.2(1)(b) of the amendment homocide act- your abnormality will provide and explanation if it was a significant contributory factor to the D carrying out the killing