Voluntary Manslaughter

• Temporary conditions that can support a diminished responsibility defence

  • Post-natal depression (as outlined in Reynolds)
  • Battered spouse syndrome (as shown in Ahluwalia)
  • Pre-menstrual tension (as outlined in Smith)
  • Depression and other mental disorders such as schizophrenia (as outlined in Gittens and Deitschmann)
• Generally, intoxication cannot support a defence of diminished responsibility (as outlined in Di Duca)
• Alcohol Dependency Syndrome


  Can be a Recognised Medical Condition (RMC) (as outlined in Wood and Stewart)
• Alcohol related brain damage from prolonged abuse of alcohol and drugs


  Can qualify as a Recognised Medical Condition (RMC) (as seen in Woods)
• Physical conditions that can affect mental functioning

  • Epilepsy
  • Sleep disorder
  • Diabetes (as outlined in Campbell)
• Thirdly, under S. 52(1)(b), the abnormality of mental functioning must substantially impair the D's ability to do one or more of the things mentioned under subsection 1A.
• the things mentioned are:

  1. understand the nature of his conduct (they don't understand what they are doing)
  2. form a rational judgement (lack of thinking)
  3. exercise self-control (they lack control)
• in the recent case of Golds, the court said in order for it to be substantial, it must be something that made a great difference.
• Finally, under S. 52(1)(c), the abnormality of mental functioning must provide an explanation for the killing
• S. 52(1b) provide that the abnormality of mental functioning can be a significant contributory factor and so there can be other factors too. This is illustrated in cases like Deitschmann