Abnormality of mind does not have to be the sole cause of D's act. Therefore, provided that abnormality of mind substantially impaired D, the partial defence may succeed, even if D was drunk.
Has the defendant satisfied you that, despite the drink, his mental abnormality substantially impaired his mental responsibility for his fatal acts, or has he failed to satisfy you of that? If he has satisfied you of that, you will find him not guilty of murder but you may find him guilty of manslaughter. If he has not satisfied you of that, the defence of diminished responsibility is not available to him.
- D reacted badly to the death of his aunt and had attempted suicide. He was released from prison a month after her death and began drinking heavily. He was also prescribed
- prozac by his doctor. Two weeks after his release, he was drinking with two men at the home where he was staying. They were dancing and the watch given to him by his aunt fell off his arm. The appellant accused
- Nicholas Davies of breaking it. He then punched and kicked him to death in a violent attack. He was convicted of murder and appealed.