diminished responsibility

• the defence of dr can be raised to murder and if sucessful will reduce the charge to voluntary manslaughter
• set out by s2 homicide act 1957 but reformed by s52 of the coronors and justice act 2009
• the defendent must be suffering from an abnomality of mental functioning - byrne
• defined as a state of mind so different from that of an ordinary human being that the reasonable man would term it abnormal
• the abnormality must arrise from a recognised medical condition
• battered wife syndrome - aluwhalia
• post natal depression - reynolds
• pre menstrul tension - english
• psychological disorder - byrne
• the abnormality must substantially impair the d's ability to - form a rational judgement - understand the nature of their conduct - exercise self control
• substantial is not total or minimal but something in between - brown and egan
• ignore intox - gittens and dietschmann
• can consider alcohol is medical condition -alcohol dependancy syndrome - woods