diminished responsibility

• diminished responsibility is set out in section 2 of the homicide act and amended by section 52 of the coroners and justice act 2009.
• burden of proof is on the defendant and needs to be proved on the balance of probabilities
• section 52(1)(a) - abnormality of mental functioning which arose from a recognised medical condition


  includes:

  psychotic disorders - byrne

  post natal depression - reynolds

  pre-menstrual tension - english

  battered spouse syndrome - ahluwalia
• BYRNE - sets out def of abnormality of mind - 'state of mind so different from that of a reasonable person would deem it abnormal'
• reynolds - post natal depression is a recognised medical condition
• english - pre menstrual tension is a RMC
• ahluwalia - battered spouse syndrome is a RMC
• s52(1)(b) - the substantial impairment of mental responsibility 


  s52(1a) says the d's ability to do one of 3 things must be substantially impaired

  (a) - to understand the nature of his conduct

  (b) - to form a rational judgement

  (c) - to exercise self control
• golds - substantial does not mean total - means more than minimal or trivial
• s52(1)(c) - provides an explanation for d's act and omissions

  under new def - a causal element - means that the abnormality should cause the defendant to kill

  the defence will fail if the evidence suggests that the defendant would have killed regardless of the abnormality
• dowds - intoxication alone cannot support a defence of diminished responsibility
• gittens - jury must disregard the intoxicated state and decide if the abnormality was enough to impair his responsibility for the act
• dietschmann - abnormality of mind not need to be the sole cause - must look at the causative effect of the drink
• wood - alcohol dependency syndrome is a RMC - if diagnosed by a medical professional