s.52(1A) CJA 2009 - D must kill from an abnormality of mental Functioning, R v Byrne - Defines Abnormality as a state of mind so different that the ordinary person would see it as abnormal, s.52(1A)(a) - AMF must arise from a recognised medical condition, WHO's ICHD & APA's DSM - Sources of medical conditions, R v Reynolds - Post-Natal depression is grounds for Dim Rep, R v Campbell - Epilepsy is grounds for Dim Rep, R v English - Pre-Menstrual Tension is grounds for Dim Rep, R v Gittens - Depression is grounds for Dim Rep, R v Ahluwalia  - BWS is grounds for Dim Rep, R v Egan - Impairment must be substantial which means less than trivial but more than total, s.52(1A)(b) - D's ability to do 1 of 3 things must be substantially impaired, Understand the nature of D's conduct - Is D aware of what they are doing?, Form Rational Judgement - Can D make an informed choice with regard to the circumstances?, Exercise Self-Control - Can D stop himself?, s.52(1A)(c) - The AMF must be the significant contribution to the killing, R v Dowds - Binge drinking is not Dim Rep as this is not a RMC, R v Dietschmann - D could use Dim Rep as D would have killed regardless of intoxication.,

Dim Rep Cases

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