Diminished responsibility

• definition found in


  s52 coroners and justice act

  1 A person kills or is party to killing another is not to be convicted of murder if D was suffering from an abnormality of mental functioning

  (a) arose from a recognised medical conditions

  (b) substantially impaired Ds ability to do one or more things in subsection 1A:

  a- understand the nature of Ds conduct b- form rational judgement c- exercise self control

  (c) provides an explanation of acts/omissions subsection 1B: explains if it causes or is a significant contributory factor in Ds conduct
• abnormality of the mind


  provides explanation

  wide enough to cover minds activities

  'so different from ordinary reasonable person deems it abnormal'

  R v Byrne
• arose from a recognised medical condition 


  International classification of diseases- WHO
• substantially impaired 


  impaired from:

  1. Understanding nature of conduct

  2. forming rational judgement e.g. Rv Golds (psychiatric evidence)

  3. exercising self control
• 'substantial doesn't mean total, trivial or minimal


  Rv Lloyd
• intoxication alone isn't a defence 


  R v Dowds
• intoxicated and pre existing abnormality of the mind 


  R v Dietschmannn
• intoxication due to addiction 


  R v Wood (involuntary drinking, not reckless)
• ability to exercise self control

  R v Byrne