Dim rep

• Statute

  S2 (1) Homicide Act 1957 as amended by S52 of the Coroner's and Justice Act 2009
• Definition

  A person who is party to a killing is not convicted of murder if they suffer from an abnormality of mental functioning which arises from a medical condition that's substantially impairs D's ability and provides explanation for killing
• Abnormality of mental function

  R v Byrne 'a state of mind so different fron rgar of ab ordinary human being thar the reasonable man would deem it abnormal'
• Arise from recognised medical condition

  S52(1)(a) CJA recognised by WHO or APA, can be physically or mental
• Epilepsy

  R v Campbell
• Autism

  R v Conroy
• Depression

  R v Gittens
• Post natal depression

  R v Reynolds
• Pre menstrual tension

  R v English
• Battered woman syndrome

  R v Ahlywalia
• Substantial impairment

  S52(1)(b): more than some trivial degree of impairment but less that total - R v Egan
• Substantial

  R v Golds confirmed that the judge does not need to give a specific definition of substantial
• What must the RHMC substantially impair?

  Either

  1. Understanding the nature of his conduct
  2. Form rational judgement
  3. Exercise self-control
• Provides an explanation for killing

  S52(1)(c)- must be at least sig contribution, if we take away the AOMF would D still have killed?
• Intoxication

  Generally, if D was intoxicated at the time of the killing, cannot be used as the AMF must arise from a RMC -R v Dowds
• Pre-existing AMF and intoxication

  Jury not expected to decide if AMF or intoxication caused behaviour ( R v Dietschmann), but must ask if D would have killed without (R v Joyce and Kay)
• Intoxication due to addiction

  Alcohol dependency syndrome is an medical abnormality (R v Wood) , whether enough to substantially impair D depends on nature and extent of ADS and how well D can control it (R v Stewart)