Voluntary Manslaughter / Diminished responsibility

Voluntary Manslaughter / Diminished responsibility

1. If D kills or is a party to a killing of another, D is not to be convicted of murder if D was suffering from an abnormality of mental functioning which a) arises from a recognised medical condition, b) substantially impairs D's understanding of the nature of his conduct, form rational judgements or exercise self control, and c) provides an explanation for D's acts.

2. An abnormality of mental functioning.

   • Byrne (1960) - D killed and mutilated a girl staying in a YWCA as he suffered from irresistible impulses. Not guilty of murder. Abnormality of mind= 'a state of mind of different from that of an ordinary human being that a reasonable man would deem it abnormal.'

3. Arose from a recognised medical condition

   • Can be both psychological and physical. Psychological = paranoia, depression, battered woman's syndrome. Physical = epilepsy, diabetes, sleep disorders.

4. Substantially impairs

   • Neither trivial or minimal or total.

5. Diminished responsibility and intoxication

   • Deitschmann (2003) - D (a drug addict) accused man of breaking watch given to him by his deceased aunt, and violently killed him. 'Despite the drink, did his abnormality leave him substantially impaired.
   • Hendy (2006) - D was intoxicated upon committing a crime, but had an underlying brain disorder. Guilty of voluntary manslaughter.
   • D has Alcohol dependency syndrome.
     • Tandy (1989) - D killed daughter who admitted to being abused by her stepfather. Guilty of murder, drinking was decided to be voluntary.
     • Wood (2008) - D was an alcoholic spending the night at a friends, D killed friend with a meat cleaver upon finding him attempting oral sex on him. Not guilty of murder on appeal. 'Where a man is so drunk that he sufferes temporarily of an abnormality of mind he may be aquitted of murder.'