Voluntary Manslaughter- Diminshed responsibility Flashcards
Voluntary manslaughter> diminished responsibility> requires
1)abnormality of mental functioning that
2) arose from a recognised medical condition,)
3)substantially impaired D’s ability to do one or more of the things mentioned in subsection (1A),
4) provides an explanation for D’s acts and omissions in doing or being a party
to the killing.
Diminsheed responsibility > Abnormality of mental functioning
A a condition that is so different from that of an ordinary man that the reasonable man will regard it as abnormal.
R V Byrne> not allowed, sexually mutilated lady>abnormal
Diminished responsibility>from a recognised medical condition
Battered wife syndrome> (Ahluwalia)
Diminshed responsibility>substantially affect D ability to do what?
-understand nature of his conduct
-make rational judgement
-excersize self control
Diminshed responsibility> provide explanation for D’s acts or ommissions
the abnormality causes, or was at least a significant contributory factor in causing, the
defendant to carry out the conduct