Diminished Responsibility

• Byrne


  An abnormality of mental functioning means a state of mind so different from that of an ordinary human being that a reasonable man would deem it abnormal
• Lloyd


  Substantial does not mean total nor minimal but somewhere in between and it is for the jury to decide
• Di Duca


  The CofA held that the immediate effects of alcohol or drugs were not sufficient to amount to an injury for the purposes of diminished responsibility
• Dietschmann


  If, ignoring the drink, the mental abnormality substantially impairs his mental responsibility he may use the defence
• Wood


  The D's murder conviction was quashed due to the misdirection, all of the D's drinking doesn't have to be involuntary if the D has ADS
• Dowds


  His appeal was dismissed. Voluntary acute intoxication, whether from drugs or alcohol, is not capable of forming diminished responsibility
• Brennan


  If medical evidence confirms the D had an abnormality of mental functioning and this is not contested by the prosecution, the defence should be allowed. His complex personality disorder was an abnormality of mental functioning.