DR

• set out in s2 of the homicide act 1957 - reformed under s52 of the coroner's and justice act 2009
• d must suffer from an abnormality of mental functioning (Byrne)
• abnormality - a state of mind so different from that of an ordinary person that a reasonable man would term it abnormal
• abnormality must arise from a recognised medical condition
• battered spouse syndrome (aluwhalia)
• post natal depression (Reynolds)
• pre menstrual tention (English)
• psychological disorder (byrne)
• abnormality must substantially impart - ability to form a rational judgement - understand nature of their conduct - exercise self control
• substantial is not total or minimal but in between (brown and Egan)
• ignore intox (gittens and dietschman)
• can consider alcohol if under ADS (woods)
• need to outline if there is AR and MR before applying the defence
• blackman case - army soldier shot insurgent - convicted of murder changed to DR
• the medical condition must explain the killing - must be a causal link