- Created by: itskayokay
- Created on: 03-06-16 12:40
Voluntary manslaughter - diminished responsibility
Partial defence to murder - reduces from murder to vol manslaughter.
'An abnormality of mental functioning from a recognised medical condition which provides an explanation for the killing and which substantially impairs D's ability to
a) form a rational judgement
b) excersice self control
c) know the nature of their conduct
Abnormality of mental functioning from a recognise
Abnormality of mental functioning from a recognised medical condition
AOMF = inability to exercise power and control - R V Byrne
Recognised medical condition
- ADS Tandy
- Epilepsy - Cambell
Provides an explanation for the killing
Must be an internal source - no intoxication unless it causes long term internal damage.
eg: Tandy - alcohol dependency syndrome
Substantially impairs D's ability to...
a) understand nature of conduct
b) exersise self control
c) form a rational judgement
R V Campbell