Voluntary Manslaughter- Diminished Responsibility

The law of the partial defence of Diminished Responsibility was originally found in s2 of the Homicide Act, 1957. Since then, it has been ammended by s52 of the Coroners and Justice Act, 2009, which came into effect in 2010. This was a defence that was created for people who killed due to a mental abnormality.

There are four elements that must be proved in order to get the defence. These are as follows.

1) Abnormality of mental functioning

2) A recognised medical condition

3) Must substantially impair the defendant's ability to understand the nature of their conduct; form rational judgement; exercise self control

4. Provides an explanation to D's acts/omission 

ELEMENT ONE: ABNORMALITY OF MENTAL FUNCTIONING

An abnormality of mental functioning means that it is a state of mind so different from that of the ordinary human being that the reasonable person would term it abnormal. (R v Byrne). This covers all acts of the mind, such as the ability to exercise will power. The jury must decide if the defendant has an abnormality of mental functioning.

ELEMENT TWO: AMF MUST BE A RECOGNISED MEDICAL CONDITION

This abnormality of mental functioning must be a recognised medical condition. If their abnormality is an "emerging condition" then the defence team must come up with sufficient expert testimony to prove…