Diminished responsibility
Define
Coroners and justice act 2009
Discretionary life
1 - D is suffering from an abnormality of mental functioning
Byrne - defined this as "the defendants conduct is so different to that or an ordinary being that the reasonable man would term it abnormal
2 - Which must arise from a recognised medical condition
Dowds - just because a condition is on the list does not mean it can be relied on for the defence
Martin - Paranoia
3 - It must substantially impair D's ability to do one of three things
Form a rational judgement
Understand the nature of their conduct
Exercise self control
R v Lloyd - Said that 'substantial' did not mean total nor did it mean trivial and minimal
R v Golds - The judge should not define 'substantially' to the jury unless there is a worry that they may not understand
4 - The abnormality of mental functioning should provide an explanation for D's conduct
Intoxication?
Dowds - Voluntary intoxication cannot be used for DM
Dietschmann - If D is suffering from an abnormality of mental functioning and is also intoxicated at time of killing the judge should say: Has D satisfied you that without the drink their abnormality still impaired their responsibility for the act
Woods - If D has suffered brain damage from overconsumption of alcohol then they may use DM as the drinking is then involuntary
Brennan - where there is unchallenged medical evidence the judge should withdraw the charge of murder from the jury