Voluntary manslaughter (diminished responsibility)

Question 1

When is the defence of diminished responsibility used ?

Answer 1

when the defendant has the Mens Rea but also a defence

Question 2

Will the diminished responsibility lead to an acquittal ?

Answer 2

No because it is a partial defence

Question 3

What are the requirements for diminished responsibility ?

Answer 3

The defendant must suffer from an abnormality which:

Arose from a recognised medical condition

substantially impairs the defendant

Provides an explanation for the defendants conduct

Question 4

Are physical conditions that affect the mind also included ?

Answer 4

yes conditions such as epilepsy and sleeping disorders

Question 5

what should being substantially impacted, impair their ability to do ?

Answer 5

understand the nature of their conduct
form a rational judgement
exercise self-control

Question 6

Must there be a link between mental functioning and the defendants behaviour ?

Answer 6

yes