Fatal Offences - Diminished Responsibility (partial Defence-voluntary Manslaughter)

Question 1

Act

Answer 1

S2 Homicide act 1957 as amended by S52 Coroners and Justice act 2009

Question 2

Definition

Answer 2

D was suffering an abnormality of mental functioning from a recognised medical condition which substantially impaired his ability to do one of the three specified things and explains his act or omission in killing

Question 3

D must suffer with/have…

Answer 3

Abnormality of mental functioning, recognised medical condition

Question 4

Abnormality of mental functioning

Answer 4

A state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal (Byrne)

Question 5

Recognised medical condition

Answer 5

S52(1)(a) - the abnormality of mental functioning must be caused by a recognised medical condition. Can include: sexual psychopath(Byrne), chronic depression(Seers), pre menstrual tension(Smith), bettered wives syndrome(Ahluwalia), mental deficiency(Speake), post natal depression(Reynolds), alcohol dependency syndrome(Wood). Ds mental condition must be proven medically and the jury will decide.

Question 6

Substantially impaired

Answer 6

Ds ability to do one of 3 things must be substantially impaired S52(1)(b). A)understand the nature of his conduct. B)form a rational judgement. C) exercise self control. The impairment must be important and weighty (Golds), Ds substantial impairment cannot come from intoxication alone (Dowds)

Question 7

Explains Ds act or omission in killing

Answer 7

S52(1)(c)the abnormality of mental functioning must explain Ds conduct in killing V
Factual - but for Ds abnormality he would not have killed (White)
Legal - Ds abnormality was a more than minimal cause of the killing (Smith)