Diminished responsibility

• Partial defence to murder - charge reduced from murder to voluntary manslaughter - discretionary life sentence.
• previously in s2 Homocide act now in s52 coroners and justice act
• s52(1) - defendant was suffering from a abnormality of mental functioning which a) arose from a medical condition b) substantially impaired d's ability to - understand nature of conduct, form a rational judgement, exercise self control, c) provides and explanation as to why the defendant killed.
• Abnormality of mental functioning - D's mental function was so different that a reasonable person would call it abnormal ( Bryne )
• Arose from a medical condition:

  learning disabilities ( Jama )

  Depression ( Gittens )

  Epilepsy ( Campbell )

  Battered woman syndrome ( Ahluwalia )
• Medical evidence is needed for the defence to succeed ( Bunch ).
• Substantial does not mean total, nor minimal ( Squelch )
• Understand nature of conduct - defendant is in an automatic state and does not know what they were doing

  Form a rational judgement - schizophrenia, battered woman syndrome may prevent this

  Exercise self control - ( Byrne )
• A causal connection between defendants abnormality of mental functioning and the conduct ( Killing ).
• The mental abnormality causes the conduct = s2(1b) - Homocide act 1957.
• Brain damage as a result of alcohol misuse IS a recognised medical condition ( Wood )
• Defendant just intoxicated is NOT a recognised medical condition ( Tandy )
• If defendant has a medical condition and intoxication they can get a defence ( Dietschmann )