diminished responsibility

• s2 homicide act 1957 amended by s52 coroners and justice act 2009
• dr = the defendant needs to be suffering from an abnormality of mental functioning (Bryne)
• a state of mind so different from that of an ordinary human being that the reasonable man would term it as 'abnormal' (Byrne)
• abnormality must arise from recognised medical condition
• battered spouse syndrome (Aluwahlia)
• depression, psychotic disorders (Byrne)
• pre menstrual tension (English)
• post natal depression (Reynolds)
• alcohol dependency syndrome (Woods)
• abnormality must substantially impair D's responsibility to

  1. understand the nature of their conduct
  2. form rational judgement
  3. exercise self control
• substantial is to not mean total nor trivial or minimal but something in between (Golds)
• jury must ignore intoxication and make decision only off abnormality of mind (Dietschmann)