Slides in this set
S52 Coroners and Justice Act 2009.
"D who kills or is a party to the killing of another is not to be
convicted of murder if D was suffering from abnormality of
mental functioning of a reasonable man." Byrne…read more
Abnormality of mental
· Byrne (1960): "Abnormality of mind means a state of mind so
different from that of ordinary human beings that the
reasonable man would term it abnormal."
· D must be suffering from an abnormality of the mind which is
recognised and not from a transient state of mind (Di Duca)
nor from intoxication alone or an external factor (Hill v Baxter)…read more
Arising from a recognised
· Does not have to permanent, but must exist at the time of the
· Medical evidence is required in order for the jury to decide if
diminished responsibility would be granted.…read more