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Voluntary manslaughter - Diminished responsbility (D's abnormality of…
Voluntary manslaughter - Diminished responsbility
Law set out in s.2(1) of the HOMICIDE ACT 1957 as amended by
D must have suffered from an
abnormality of mental functioning
which:
Arose from a recognised medical condition; and
Substantially impaired 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 conduct in doing or being a party to the killing
D must have suffered from an abnormality of mental functioning
BYRNE test: 'Abnormality of mind' was a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal.
D's abnormality of mental functioning must be caused by a recognised medical condition.
Psychological conditions
e.g. Severe depression, battered woman's syndrome (BWS), alcohol dependency syndrome (ADS): STEWART.
Physical condition which affects mental functioning
e.g. epilepsy
D's abnormality of mental functioning must have substantially impaired D's ability to:
understand the nature of his conduct; or
form a rational judgement; or
exercise self-control
Impairment need not be total but must be more than trivial: LLOYD
D must prove that his abnormality of mental functioning provides an explanation for his conduct in doing or being a party to the killing.
DIETSCHMANN
The abnormality did not have to be the only cause of the killing, but D had to show that despite the drink he had sufficient 'abnormality of mind' to impair his responsibility for the killing.