Diminshed responsibility

• Diminished responsibility


  A specific defence to murder under 12 Homicide Act 1967 as amended by s52 of the Coroners and Justice Act 2009, which if successful reduces the defendant's conviction to voluntary manslaughter
• Diminished responsibility


  • The defendant must suffer from an abnormality of the mental functioning that is so different from that of ordinary human beings that the reasonable man would regard it as abnormal
  • Medical evidence is considered to decide if the abnormality of mental functioning arose from a recognised medical condition
  • The abnormality of mental functioning must have substantially impaired the defendant's ability to understand the nature of their conduct, or, to form a rational judgment or to exercise self-control
  • The abnormality must be an explanation for the defendant's behaviour, it is sufficient if this is an important contributory factor as it does not have to be the only factor
• Substantially impaired is a question of degree left to the jury, and "important or weighty" is a preferred definition
• The defendant voluntarily took drink/drugs

  The intoxication is disregarded, and the jury then decide if the abnormality of mental functioning would be an explanation for the defendant's behaviour if the defendant was not intoxicated