The court heard Davies admits killing his wife but denies having an intention to kill or cause really serious harm.
Mr Cotter said: “The first issue is whether when he killed her, his intention was to kill her or cause her really serious bodily harm.
“If the prosecution fails to prove an intention to kill or cause serious bodily harm, then the defendant would only be guilty of manslaughter.
“The defendant has already entered a guilty plea to manslaughter, that has not been accepted by the prosecution.
“However, even if the prosecution prove the defendant intended to kill or cause really serious harm to Tracey Davies so that Michael Davies is guilty of murder, there is a further issue you will need to consider. Diminished responsibility.
“This may arise where the jury has concluded the defendant is guilty of murder. In that scenario it’s open to the defendant to call medical evidence to seek to establish at the time of the murder, he was labouring under a recognised medical condition which substantially impaired his ability to understand the nature of his conduct or exercise self control or rational judgement, and such an impairment provides an explanation for that murder.
“In that scenario, murder is reduced to manslaughter by reason of diminished responsibility.”
