Abnormality of MF
Recognised Med. Condition.
An Explanation for D's Conduct
Intoxication and AoMF
Intoxication due to Dependency
2 more items...
The abnormality of MF must have been the substantial cause of the killing, but need not be the sole cause as shown in R v Dietschmann.
Intoxication alone cannot support a defence of DR as shown in R v Dowds.
Under S.2 (1B) of Homicide Act 1957, there must be a casual connection between abnormality of MF and killing. Does not need to be the sole cause but substantial. R v Osbourne.
Does not need to totally impair, but must significantly impair in a way that it more than trivial or minimal. R v Golds.
Exercise Self Control
The D must show that the loss of control was caused by the recognised medical condition shown in R v Byrne.
Paranoid, Schizophrenia or Battered Wives Syndrome. R v Ahluwalia.
Nature of Conduct
Automatic State, Delusion of the Mind, Severe Learning Difficulties
Recognised by medical professionals. Psychological and physical conditions. R v Martin (Antony)
Term better for psychiatrists. R v Byrne. "so different from that of ordinary human beings that reasonable man would deem it abnormal"
a) Understand Nature of Conduct
b) Form Rational Judgment
c) Exercise Self Control
Created by S.2 Homicide Act 1957. S.52 of the Coroners and Justice Act 2009.
"A person who kills or is party to a killing of another should not be convicted of murder if they are suffering from an abnormality of mental functioning which
a) arose from a recognised medical condition
b) substantially impaired the D's ability to do 1 or more things in 1A
c) provides explanation for the D's acts and omissions in doing/being party to the killing.