| 释义 |
diminished responsibility
An abnormality of mental functioning that does not constitute insanity (R v Seers [1984] 79 Cr App 261 CA) but is a partial defence to a charge of murder. Under the Coroners and Justice Act 2009, the phrase abnormality of mental functioning replaces abnormality of mind in the earlier legislation; the abnormality must also have arisen from a recognized medical condition (R v Dowds [2012] EWCA Crim 281 (CA), [2012] 1 Cr App R 455). To serve as a defence, the abnormality of mental functioning must substantially impair the defendants ability: (i) to understand the nature of his conduct; (ii) to form a rational judgment; and (iii) to exercise self-control. It has been liberally interpreted to cover such conditions as depression or irresistible impulse (R v Vinagre (1979) 69 Cr App R 104). If the defendant proves the defence, he is convicted of voluntary manslaughter. See also Battered Woman Syndrome; domestic violence; intoxication; loss of control. |