Voluntary manslaughter diminished responsibility

Question 1

What statue defines diminished responsibility

Answer 1

The homicide act 1957 but was amended in section 52 of the coroners and justice act 2009

Question 2

A person who kills or is party to a killing will not be convicted of murder if they were suffering from an abnormality of mental functioning that…

Answer 2

(a) arose from a recognised medical condition

(b) that substantially impaired D’s ability

Question 3

Substantially impaired D’s to…

Answer 3

1. Understand the nature of D’s conduct
2. Form rational judgment
3. exercise self control

Question 4

Explain abnormality of mental functioning with a case for authority

Answer 4

The case of Byrne stated that an abnormality of mental functioning is a state of mind so different of that of a normal human being that a reasonable person would deem it abnormal.

Question 5

What is the law regarding abnormality of mental functioning and intoxication

Answer 5

Alcohol dependency syndrome is a recognise medical condition that makes intoxication involuntary. The case of Dietschmann stated that if drink is voluntary then the question for the jury will be ‘is the abnormality enough to impair the defendant despite the drink?’ the case of Dowds (2012) states that the old law of intoxication has not changed in the new act.

Question 6

What is the abnormality of mental functioning in the cases of Wood, Martin and Ahluwalia

Answer 6

Wood = Alcohol dependency syndrome 
Martin = Paranoid personality syndrome 
Ahluwalia = Battered wife syndrome

Question 7

What is the law regarding the substantial impairment of the defendant

Answer 7

The case of Lloyd said that the impairment need not be total but more than trivial or minimal.

Question 8

What is the law regarding explaining D’s acts or omissions

Answer 8

There must be some causal link between D’s abnormality and their conduct. It must cause he killing or make significant contribution to it.