A defendant with a recognised medical condition kills during a psychotic episode. Under section 2 of the Homicide Act 1957 as amended, what must be shown for diminished responsibility?
Answer and explanation
Correct answer: A. Abnormal mental functioning from a recognised condition that substantially impaired ability and explains the killing
- Step 1: Diminished responsibility is a partial defence.
- Step 2: The burden is on the defendant on the balance of probabilities.
Answer
Abnormal mental functioning from a recognised condition that substantially impaired ability and explains the killing.
Why not the others: Loss of all intent is not required; M'Naghten insanity is a complete defence with a different test; provocation is dealt with by loss of control.
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