Diminished Responsibility

• Diminished responsibility comes under s2 Homicide Act, amended by s52 Coroners and Justice Act 2009.
• Diminished responsibility has 4 elements:

  1. Abnormality of mental functioning
  2. Caused by a recognised medical condition
  3. This abnormality must substantially impair the defendant's ability
  4. This must provide an explanation for D's conduct.
• Medical evidence must be provided in court to prove that the defendant is suffering with a mental disorder.
• It is up to the jury to decide if they agree with the evidence.
• The condition names must be accepted by respected classifications by organisations like World Health Organisations.
• The "recognised mental functioning" is the illness.
• The "abnormality of mental functioning" is the symptoms of the illness.
• Diseases like alcoholism and drug addiction are included.

  Wood.
• Bryne: Would a reasonable man regard the mental functioning as abnormal?
• The abnormality must impair the D's ability to:

  1. Understand the nature of his conduct
  2. Form a rational judgement
  3. Exercise self-control
• Lloyd: Word "substantial" should be given it's everyday meaning by the jury.
• If the defendant would've killed without the impairment, they would not satisfy the "explanation" element.
• s2(1B) amended Homicide Act 1957: "An abnormality of mental functioning provides an explanation for D's conduct if it causes, or is a significant contributory factor is causing D is carry out that conduct"
• If there is an abnormality and the D has become intoxicated, the defence may be available.