Section 2(1) Homicide Act 1957, Amended by Section 52 Coroners and Justice Act 2009: Diminished Responsibility

Diminished Responsibility

Section 2(1) Homicide Act 1957, Amended by Section 52 Coroners and Justice Act 2009

Diminished responsibility can provide a defence if the defendant was suffering from an abnormality of mind which arose from a recognised medical condition, that substantially impaired the defendant’s ability to understand and provides and explanation for the defendant’s acts.

Abnormality arising from a recognised medical condition

This is very wide and can cover both medical and psychological conditions, medical evidence must be presented in order to back up this claim.

Byrne: Held, was the defendant’s mental functioning so different from that of the ordinary human beings that the reasonable man would deem it abnormal.

Substantially impaired the defendant’s ability to understand

Section 2(1)(b) He is unable to understand the nature of his conduct, form a rational judgement and exercise self-control.

Lloyd: Held, the substantial doesn’t mean total or trivial but something in between and it is for the jury to decide

Provides an explanation

Section 2(1)(b) It will provide an explanation for the killing if the abnormality causes or is a significant contributory factor in causing the defendant to carry out the conduct.