Diminished responsibility case facts


Byrne (1960)

Abnormality of mental functioning (s.52(1)): D suffered violent and perverted sexual desires since childhood and murdered and mutilated V's body. Held that his conviction for murder was reduced to voluntary manslaughter as the judge agreed his condition was abnormal, and Lord Parker stated it must be: 'A state of mind so different from that of ordinary human beings that a reasonable man would term it abnormal'

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Named Cases.

Arises from a recognised medical condition (s.52(1)(a)): Adjustment disorder- Dietschmann, Battered spouse syndrome- Hobson, Depression- Seers.

Diminished responsibility and intoxication: Di Duca- Intoxication itself cannot support a defence for DR as it isn't a recognised medical condition.

Dietschmann- D will have a defence if his abnormality of mental functioning substantially impaired his mental responsbility even while intoxicated.

Wood- Alcohol dependency syndrome is a recognised medical condition.

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