Fatal offences: Voluntary manslaughter (defences) Flashcards
Diminished responsibility and Loss of Control
1
Q
Diminished responsibility: definition
A
The defence is set out in s.2 (1) of the Homicide Act 1957 as amended by s.52 of the Coroner and Justice ACt 2009
A person who kills or is a party to the killing of another is not to be convicted of murder if he was suffering from an abnormality of mental functioning
2
Q
Burden of proof
A
Rests on the defendant, but it only needs to be proven on the balance of probabilities
3
Q
State the 4 elements which are required for the defence
A
1) Abnormality of mental functioning
2) Arose from a recognised medical condition
3) Impairment must be substantial
4) Explanation for the behaviour
