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  • Diminished Responsibility
    • s52 of Coroners and Justice Act 2009 - " a person (D) who kills or is a party to the killing is not convicted of murder if D was suffering from an abnormality of mental functioning
    • Abnormality of functioning
      • D's  mental functioning....so different from..the ordinary human being...the reasonable man would term it abnormal - BYRNE
      • Must arise from a medical condition - e.g depression (SWAN), paranoia (SIMCOX)
        • Does not need to be present since birth (GOMEZ)
    • Substantially Impairs
      • "The impairment need not be total but must be more than minimal" - R v LLOYD
      • Must impair D's ability to: 1) understand the nature of his conduct
        • e.g  where d suffers from delusions or has severe learning difficulties
      • 2) form a rational judgement
      • 3) exercise self control
        • where D is unable to control an urge to do something - BYRNE
    • Provides an explanation for D's conduct
      • D has to prove the abnormality of functioning provides an explanation for their actions with regard to the killing
        • "causes or is a significant contributory in causing d to carry out the conduct"
    • Intoxication
      • Being drunk alone, without a medical condition is not sufficient for this defence - R v DOWDS
      • D is intoxicated and has a pre existing abnormality of functioning - R v Dietschmann
      • Intoxication is due to an addiction - ADS( R v Wood)


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