3. Voluntary Manslaughter

Question 1

Define voluntary manslaughter

Answer 1

Where D has a partial defence to murder when the unlawful killing was carried out when D was suffering from diminished responsibility or loss of control

Question 2

D is not guilty not guilty of murder

Answer 2

When suffering from an abnormality of mental functioning which:

a) Arose from a recognised medical condition

b) Substantially impaired their ability to understand the nature of their conduct, form a rational judgement or exercise self-control

c) Explains D’s acts/omissions

Question 3

When can D not use diminished responsibility as a defence

Answer 3

If they were intoxicated (Dowds)

If their abnormality of function in addition to intoxication, this may make a difference (Dietschmann)

Question 4

Define loss of control

Answer 4

Partial defence to murder which reduces the offence to voluntary manslaughter

Question 5

When should D not be convicted of murder? (Loss of control)

Answer 5

1. If their act/omission in doing the killing resulted from their loss of control
2. The loss of self control had a qualifying trigger
3. A person of D’s age and sex would have reacted in a similar way (Camplin)

Question 6

Law on qualifying triggers

Answer 6

• D must have fear of serious violence
• Things said or done which caused D to have a justifiable sense of being seriously wronged