Law Voluntary Manslaughter Diminished Responsibility

What act was Diminished Responsibility set out in

What act was Diminished Responsibility set out in

Set out in S2 of Homicide Act 1957

Amended by S52 of the Coroners and Justice Act 2009

Diminished Responsibility Intro

Partial Defence to Murder

Reduces Charge from Murder to Voluntary Manslaughter

Reduced sentence

Burden of proof on defendant - balance of probabilities

S52 CJA2009, defendants mental functioning was so different that a normal man would call it abnormal (R v Byrne)

Step 1

Arose from recognised medical condition ( must be proven)

Step 2

Substantially impairs the judgement

Step 3

Provides an explanation as to why the defendant killed

1. Recognised medical condition

• Depression - R v Gittens

• Epilepsy - R v Campbell

• Alcohol Dependancy Syndrome - R v Wood

• has to give medical evidence - R v Bunch

2. Substantial impairment

Not total but not minimal - R v Squelch

• Understand nature of conduct

• Form a rational judgement

• Exercise self control - R v Byrne

3. Causal connection between defendants abnormality and their conduct

Abnormality caused the defendant to kill

4. Diminished Responsibility with Intoxication

D has brain damage as a result of alcohol misuse counts - R v Wood

Just intoxicated doesnt count - R v Tandy

Medical Condition and intoxication counts - R v Dietschmann