‘Rational’ Reconstruction: Substantially Impaired Ability To Form A Rational Judgment

Storey, Tony (2017) ‘Rational’ Reconstruction: Substantially Impaired Ability To Form A Rational Judgment. The Journal of Criminal Law, 81 (3). pp. 247-251. ISSN 0022-0183

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Official URL: https://doi.org/10.1177/0022018317707836


This case note examines two cases, Conroy and Squelch, which were decided by the Court of Appeal in the first week of February 2017. Both cases raised a number of issues relating to the special and partial defence to murder of diminished responsibility, in particular the meaning and scope of s. 2 of the Homicide Act 1957 (‘the 1957 Act’), as amended by s 52 of the Coroners and Justice Act 2009 (‘the 2009 Act’). Section 2 (as amended) requires the accused to prove, on the balance of probabilities, that at the time of the killing the accused had an ‘abnormality of mental functioning’; arising from a ‘recognised medical condition’; which ‘substantially’ impaired the accused’s ability to understand the nature of their own conduct, form a rational judgment and/or exercise self-control; and which provided an explanation for the killing.

Item Type: Article
Uncontrolled Keywords: Manslaughter, diminished responsibility, recognised medical condition, substantial impairment, rational judgment
Subjects: M200 Law by Topic
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: Tony Storey
Date Deposited: 02 Oct 2017 11:31
Last Modified: 18 May 2022 11:45
URI: http://nrl.northumbria.ac.uk/id/eprint/32162

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