Vol. M/S - D.R.

• 3 special defences that reduce a charge of murder down to Voluntary Manslaughter:

  These are where the killing occurs when the D:

  • has diminished responsibility (Homicide Act 1957)
  • has a loss of control (Coroners and Justice Act 2009)

  OR

  • is involved in a suicide pact (Homicide Act 1957)
• Diminished Responsibility

  A person is not to be convicted of murder if he was:

  • suffering from an abnormality of mental functioning which:

  1. arose from a recognised medical condition
  2. substantially impaired D's ability to:

  ~ understand the nature of his conduct; or

  ~ form a rational judgement; or

  ~ exercise self control

  3. Provides explanation for D's actions.