1483315
Diminished Responsibility
(s.2 Homicide Act, s.52 CJA 2009)
- Abnormality of mental functioning
- 'A state of mind so different
from that of ordinary human
beings that the reasonable
man would term it abnormal'
- Byrne (1960)
- Byrne (1960)
- cause of abnormality of mental
functioning must arise from a
'recognised medical condition'
- covers both psychological and physical conditions
- there must be medical evidence
- covers both psychological and physical conditions
- 'A state of mind so different
from that of ordinary human
beings that the reasonable
man would term it abnormal'
- Substantially impaired
- the abnormality of mental functioning must substantially
impair the defendant's mental responsibility for his acts or
omissions in doing or being a party to the killing
- the jury must decide whether the
impairment is of a substantial degree
- the jury must decide whether the
impairment is of a substantial degree
- substantial does not mean total,
nor does it mean trivial or
minimal (something in between)
- Lloyd (1967)
- Lloyd (1967)
- the defendant's ability to
do one of these three must
be substantially impaired:
- to understand the
nature of his conduct
- to form a rational
judgement
- to exercise self-control
- to understand the
nature of his conduct
- the abnormality of mental functioning must substantially
impair the defendant's mental responsibility for his acts or
omissions in doing or being a party to the killing
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