VM: diminished responsibility

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  • Created by: Lydlyn
  • Created on: 18-03-18 19:41
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  • Voluntary manslaughter: diminished responsibility (S52 Coroners and Justice Act 2009)
    • Abnormality of mental functioning
      • Byrne: 'a state of mind so different from that of an ordinary human beings'
      • Must arise from a recognised medical condition
      • This must substantially impair the defednant's ability to: understand nature of their conduct; form a rational judgement; exercise self control
      • This provides an explanation for D's conductor is a significant contributing factor
    • Must be proven that there was murder first
    • Dietschmann: even if D was intoxicated, if the jury think that the abnormality of functioning was responsible for D's act then they have a defence of diminished responsibility
    • Tandy: alcohol dependency/ addiction is under diminished repsonsibility

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