s.2 Homicide Act 1957

1. Abnormality of Mental Functioning

When charged with murder, D may raise, and prove on the balance of probabilities, the special and partial defence of diminished responsibility (S2 Homicide Act, as amended by s52 Coroners and Justice Act 2009). If successful, D will be acquitted of murder but convicted of voluntary manslaughter.

An ABM is a state of mind so abnormal the ordinary person would deem it so

.

2. Recognised Medical Condition

Whether D had a RMC is something for the Jy to decide, based on medical evidence which D must provide

This can include ______ conditions which affect mental functioning

The condition can either be ______ or permanent, provided it existed at the time of the killing

.

Intoxication

Where D is voluntarily intoxicated with no RMC, the defence fails.

Where D is voluntarily intoxicated with RMC, defence may succeed. Subtract intoxication from the equation.

Where D has alcohol dependency syndrome, that is a valid RMC.

.

3. Substantially Impaired Ability

1. Form a

2. Exercise

3. Understand

Substantial means more than trivial, but that alone is not enough

.

.

The AMF needn't be the only cause, but it must be a _______ contributory factor