Diminished responsibility

• Key points

  • Section 2 Homicide act + amended by Section 52 Coroners and Justice act 2009
• Definition

  • D has both AR + MR for murder but due to abnormality of mental functioning from a recognised medical condition which impaired their ability + provides explanations of actions to drop to a manslaughter charge
• Elements

  1. Abnormality of mental functioning (R v Byrne)
  2. Caused by a recognised medical condition (ICD 11)
  3. Which substantially impaired the defendants ability (R v Lloyd)
  4. Explains actions of D
• Abnormality of mental functioning

  • D must have state of mind so different from the ordinary reasonable man would term it 'abnormal'
• Recognised medical condition

  • Defined in ICD 11
  • Will be up to jury to decide if this evidence is sufficient enough to accept
• Substantially impaired

  • Understand D's ability to understand nature of conduct, form a rational judgement or exercise self control
  • Subjective to jury
• Explains actions of D

  • Casual connection between abnormality of mental functioning + the killing
  • e.g. a person with schizophrenia has to be in an episode at the time of murder for it to be accepted