voluntary manslaughter- diminished responsibility

Question 1

where was it defined

Answer 1

section 2 of the homicide act 1957, amended by the coroners justice act 2009

Question 2

proof is on

Answer 2

the balance of probabilities

Question 3

first rule

Answer 3

section 2 (1) states there must be an abnormality of mental functioning as in Byrne

Question 4

second rule

Answer 4

the abnormality of functioning must arise from a recognised mental condition.Medical evidence is needed as in Bunch.2 medical proffessionals must agree on a condition as if they do then the defendant cannot be convicted of murder. Can be a mental or physical condition

Question 5

third rule

Answer 5

the abnormality must substantially impair the defendants ability to either- undertsand the nature of their conduct, form a rational judgement or excersise self control

Question 6

section 2 (A)

Answer 6

further defined by Lloyd and later Golds- as to substantially impair means more than trivial but need not be total

Question 7

fourth rule

Answer 7

abnormality of mental functioning mujst provide an explanation for the killing.Need not be the only facor, but must be a significant factor

Question 8

intoxication rules

Answer 8

Intoxication alone can not be used as an explanation as in Dowds. Wouldnt prevent an abnormality of mental functioning as providing an explanation for the killing however( dietschmann) Intoxication due to alcohol dependancy syndrome where the intoxication has affected their brain can provide an explanation (stewart/wood) If decided the intoxication caused the killing not the abnormality then they cant rely on the defence(joyce and kay)