VM: diminished responsibility
- Created by: Lydlyn
- Created on: 18-03-18 19:41
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- Voluntary manslaughter: diminished responsibility (S52 Coroners and Justice Act 2009)
- Abnormality of mental functioning
- Byrne: 'a state of mind so different from that of an ordinary human beings'
- Must arise from a recognised medical condition
- This must substantially impair the defednant's ability to: understand nature of their conduct; form a rational judgement; exercise self control
- This provides an explanation for D's conductor is a significant contributing factor
- Must be proven that there was murder first
- Dietschmann: even if D was intoxicated, if the jury think that the abnormality of functioning was responsible for D's act then they have a defence of diminished responsibility
- Tandy: alcohol dependency/ addiction is under diminished repsonsibility
- Abnormality of mental functioning
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