DIMINISHED RESPONSIBIITY VOL MAN
1. Abnormality of mental funtioning
2. Caused by a recognised medical condition
3. Sustanitally impaired his acts or omissions
4. Abnormality must provide explanation for D's conduct
INTRO:
D has a potential defence to murder of DR
This is outlined in s52 Coroners and Justice Act (2009)
Burden of proof rests with the D, who must prove it on a balance of probabilities
Partial defence – reduces D’s murder conviction to manslaughter leading to discretionary
sentencing by the judge
1. ABNORMALITY OF MENTAL FUNCTIONING:
Firstly, it must be shown that the D has an abnormality of mental functioning
The test for this comes from the case of Byrne (psychopath) as the defendant must have a “state
of mind so different from that of an ordinary person that the reasonable man would term it
abnormal”
In this scenario, it is clear that…
2. CAUSED BY A RECOGNISED MEDICAL CONDITION:
Secondly, the abnormality must arise from a ‘recognised medical condition’
This requires expert/medical evidence to be put before the jury
This covers both psychiatric and physical conditions
It does not have to be permanent – there is no requirement that it should have existed since
birth (Gomez), but it must exist at the time of the killing.
Recognised medical conditions:
Psychopathy Byrne
Paranoia Martin (Tony)
1. Abnormality of mental funtioning
2. Caused by a recognised medical condition
3. Sustanitally impaired his acts or omissions
4. Abnormality must provide explanation for D's conduct
INTRO:
D has a potential defence to murder of DR
This is outlined in s52 Coroners and Justice Act (2009)
Burden of proof rests with the D, who must prove it on a balance of probabilities
Partial defence – reduces D’s murder conviction to manslaughter leading to discretionary
sentencing by the judge
1. ABNORMALITY OF MENTAL FUNCTIONING:
Firstly, it must be shown that the D has an abnormality of mental functioning
The test for this comes from the case of Byrne (psychopath) as the defendant must have a “state
of mind so different from that of an ordinary person that the reasonable man would term it
abnormal”
In this scenario, it is clear that…
2. CAUSED BY A RECOGNISED MEDICAL CONDITION:
Secondly, the abnormality must arise from a ‘recognised medical condition’
This requires expert/medical evidence to be put before the jury
This covers both psychiatric and physical conditions
It does not have to be permanent – there is no requirement that it should have existed since
birth (Gomez), but it must exist at the time of the killing.
Recognised medical conditions:
Psychopathy Byrne
Paranoia Martin (Tony)
