Diminished responsibility

• Diminished responsibility is a form of voluntary manslaughter
• Diminished responsibility comes under s52 of the coriners and justice act, and it is a partial defence to murder
• The burden of proof is on the D and decided on the balance of probability
• The first rule is that there must be an abnormality in mental functioning
• Abnomrality of mental functioning means that the D has a state of mind so different that an ordinary person would deem it abnormal
• The case for abnormality Is R V Byrne
• The second rule is that this must arise from a mental condition
• This means that it must be classified in the international classification of diseases.
• The case for mental condition is R V Dietchsman
• The third rule is that it causes a substantial impairment either of there nature of judgment, or their ability to form a rational judgment.
• The case for this is R V Golds
• The fourth rule is providing an explination of conduct
• This means that the reason for conduct is actually connected to the killing
• In R V Wood it was decided that intoxication didn't count as a recognised mental condition