Voluntary Manslaughter - Diminished Responsibility

Special and partial defence to murder

s.2 homicide act amended by s.52(1) coroners and justice act

Burden of proof shifts to D

1. s.2(1) D suffers from an abnormality of mental functioning

   "state of mind so different from that of ordinary people that the reasonable person would call it abnormal” (Byrne)

2. s.2(1)(a) AMF must arise from a recognised medical condition

   Medical evidence required (Brennan)

3. s.2(1)(b) The AMF substantially impairs D's ability to do one or more things in s.2 (1A):

   Understand the nature of their conduct

   Form a rational judgement

   Exercise self-control

4. The impairment is substantial R v Golds, serious degree of impairment left up to the jury

5. s.2(1)(c) AMF provides a substantial explanation for D's conduct, significant contribution

Reduces murder to voluntary manslaughter and D sentenced at the discretion the judge max life imprisonment