Diminished Responsibilty

A partial and specific defence to murder. S2 Homicide Act 1957 amended by the Coroners and Justice Act '09D will not be convicted of murder if;D was suffering from an abnormality of mental functioning arising from a recognised medical condition as to substantially impair D's ability to understand the nature of his conduct, or form a rational judgement, or exercise self control, and provides an explanation for D's acts/ omissions in doing/ being party to the killing

A- Abnormality of mental functioning

Byrne - A sexual psychopath, strangled and mutilated a young women. Medical evidence suggested he could not control himself Legal Principle- "A state of mind so different from that of an ordinary human being that a reasonable man would term it abnormal. At the time of the killing

R- Recognised medical condition

Has to be recognised by the Royal college of psychiatrists Martin~ Paranoid personality disorderAhluwalia~ Battered women's syndromeSeers~ DepressionBoots~ Post natal depressionBrown~ Extreme stressEdgington~ Schizophrenia RMCs and intoxicationDi Duca- D can't say his responsibility was diminished/ impaired because he was drunkLegal Principle- The effects of alcohol or drugs is not a medical condition WoodLegal Principle- Alcohol dependency syndrome and drug dependency syndrome are RMC's Tandy- Mrs T drank voluntarily so was able to control it so not ADSLegal Principle- Persistent abuse of alcohol or drugs that leads to brain damage is an RMC

S- The abnormality must substantially impair D's ability to do one of three things

LloydLegal Principle- More than trivial but less than totalGoldsLegal Principle- Ask the the jury whether any impairment made any real differences to the D's conduct 1. Understand the nature of his conduct2. Exercise self control3. Form a rational judgement

E- Abnormality must provide an explanation for D's conduct

Section 2 (1b) of the homicide act;"The abnormality of mental functioning provides an explanation for D's conduct if it causes, or is a significant contributory factor in causing D to carry out the conduct"This means it caused D to kill or is the significant contributory factor in D killing Dietschmann- D suffering from an adjustment disorder in the form of a depressed grief reaction to the death of his aunt. He had also been drinking before killing the victimLegal Principle- Doesn't have to be the sole causeSanders- Medical evidence agreed 'abnormality of mind'Legal Principe- Jury do not have to accept medical evidence in isolation. Other circumstances can be considered