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Year 2 A-Level Law AQA Textbook > 6-Voluntary manslaughter > Flashcards

6-Voluntary manslaughter Flashcards

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1
Q

What are the two partial defences to a charge of murder and what will the charge be replaced by if successful?

A

1) Loss of control
2) Diminished responsibility

Voluntary manslaughter

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2
Q

Loss of control and diminished responsibility are part defences for murder that if proven will afford the D what offence in replacement?

A

Voluntary manslaughter

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3
Q

What is voluntary manslaughter?

A

the verdict when the D has a partial defence to murder.

1) Loss of control
2) Diminished responsibility

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4
Q

What act provides for the partial defence of 1) loss of control (provocation)

A

Coroners and Justice Act (2009)

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5
Q

The Coroners and Justice Act (2009) makes provisions for which two part-defences to a murder charge?

A

1) Loss of control

2) Diminished responsibility

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6
Q

What three components are needed for a defence of ‘Loss of control’?

A

1) the D must have lost self control
2) there must be a qualifying trigger
3) a person of the same sex and age would have reacted the same way as the D in the same circumstances

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7
Q

What Act and Section number gives provision for the defence of ‘Loss of control’?

A

s 54(1) Coroners and Justice Act (2009)

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8
Q

What case supports the principle that there must be a ‘loss of self-control’ regarding the partial defence to murder of ‘Loss of control’?

Give brief facts

A

R v Jewel (2014)

Facts: D shot V and claimed ‘loss of control’ but was found guilty of murder.

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9
Q

What principle does the case of R v Jewel (2014) illustrate?

Give brief facts.

A

Principle: loss of control as a defence to a murder charge.

Facts: D shot V and claimed ‘loss of control’ but was found guilty of murder.

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10
Q

What Act and section gives provisions that a ‘loss of self-control’ does not have to be sudden?

A

s 54(2) Coroners and Justice Act (2009)

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11
Q

s 54(2) Coroners and Justice Act (2009) gives specific provisions regarding the ‘loss of self control’ what are they?

A

That the ‘loss of self control’ does not have to be sudden.

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12
Q

What case relates to the provisions of s 54(2) Coroners and Justice Act (2009) and would have found a different verdict?

Give brief facts.

A

R v Ahluwalia (1992)

Facts: D was physically abused over a long period by V and killed him. Charged with murder as the ‘loss of control’ was not sudden.

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13
Q

The findings in R v Ahluwalia (1992) would have been different had the provisions in what act and section been active at the time of conviction?

What are the provisions?

A

s 54(2) Coroners and Justice Act (2009)

Provisions: That the ‘loss of control’ does not have to be sudden.

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14
Q

What Act and section gives provisions for the ‘qualifying trigger’ regarding the part-defence of ‘loss of control’?

A

s 55 Coroners and Justice Act (2009)

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15
Q

s 55 Coroners and Justice Act (2009) sets out what constituent part of the part-defence of ‘loss of control’?

A

Qualifying trigger

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16
Q

The qualifying triggers that mean D has ‘lost of control’ must be attributable to what two parts and sub-parts?

A

1) fear of violence against self or another (s 55(3)) or
2) a thing or things done or said (or both) which-
a) constituted circumstances of an extremely grave character, and
b) caused D to have a justifiable sense of being wronged (s 55(4))

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17
Q

s 55(3) Coroners and Justice Act (2009) sets out what specific circumstance regarding a ‘qualifying trigger’?

A

D must fear violence on self or another

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18
Q

What act and section sets out that D must fear violence on self or another as a qualifying trigger for a defence of ‘loss of control’?

A

s 55(3) Coroners and Justice Act (2009)

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19
Q

Under s 55(6)(a) Coroners and Justice Act (2009) what is set out regarding fear of violence?

A

That D cannot incite the violence to then claim fear of violence (R v Dawes 2013)

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20
Q

Under what act and section does it set out that D cannot claim ‘fear of serious violence’ as a defence if they incite the violence?

A

s 55(6)(a) Coroners and Justice Act (2009)

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21
Q

What case emphasises that D cannot claim fear of serious violence regarding a defence of ‘loss of control’ if D incites the violence?

As according to s55(6)(a) Coroners and Justice Act (2009)

Give brief facts

A

R v Dawes (2013)

Facts: D returned home to V sleeping with wife and caused commotion leading to V stabbing and death-D guilty of murder.

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22
Q

Under s 55(4) what are the two points that have to be shown for D to use ‘things done or said’ as a qualifying trigger?

A

Things said or done must be-

1) of ‘extremely grave character’ and
2) caused D to have a justifiable sense of being seriously wronged

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23
Q

What two cases can be used as examples of the principle of things said or done?

A

R v doughty (1986)-D killed crying baby

R v Zebedee (2012)-D killed Alzheimer’s father

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24
Q

What principle is the case of R v Doughty (1986) an example of?

Give brief facts.

A

Principle: ‘Things said or done’-specifically this defence did not exist then and was instead provocation.

Facts: D killed crying baby and gave defence of provocation which was upheld. D guilty of manslaughter.

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25
Q

What principle is the case of R v Zebedee (2012) an example of?

Give brief facts.

A

Principle: ‘Things said or done’-under s 55(4) things must be grave and cause D justifiable sense of being wronged.

Facts: D killed father with Alzheimer’s-claimed loss of control-jury found no justification for loss of control. D convicted of murder.

26
Q

The fact that a ‘thing said or done’ amounted to sexual infidelity has been disregarded in what act and section?

A

s55(6)(c) Coroners and Justice Act (2009)

27
Q

What is the significance of s55(6)(c) Coroners and Justice Act (2009) regarding ‘things said and done’?

A

The fact that a ‘thing said or done’ amounted to sexual infidelity has been disregarded as supporting the qualifying trigger.

28
Q

The case of R v Clinton (2012) is an example of what principle?

Give brief facts.

A

Principle: that the ‘thing said or done’ can still be sexual infidelity if it amounts to ‘grave circumstances or D feels wronged’

Facts: V cheats on D who suffers depression. V taunts D about sexual exploits and that D should kill himself. D murders V.

29
Q

What case supports the principle that the ‘thing said or done’ can still be sexual if it amounts to ‘grave circumstances or D feels wronged?

Give brief facts.

A

R v Clinton (2012)

Facts: V cheats on D who suffers depression. V taunts D about sexual exploits and that D should kill himself. D murders V.

30
Q

What principle does the case of Ibrams and Gregory (1981) illustrate?

Give brief facts.

A

Principle: That murder after having time to consider revenge cannot constitute a loss of control.

Facts: D’s conspired to kill V after V threatened them. Several days later they killed V but were found guilty of murder as there was no sudden loss of control.

31
Q

What case illustrates the principle that pre meditated revenge cannot constitute a loss of control?

Give brief facts.

A

Ibrams and Gregory (1981)

Facts: D’s conspired to kill V after V threatened them. Several days later they killed V but were found guilty of murder as there was no sudden loss of control.

32
Q

What case illustrates an occasion where an element of revenge was present but the D was still allowed the part-defence of loss of control?

Give brief facts.

A

R v Baillie (1995)

Facts: D son was threatened by drug dealer (V). D drove to V house to kill him. D charged with voluntary manslaughter.

33
Q

What principle does the case of R v Rejmanski (2017) illustrate?

Give brief facts.

A

Principle: loss of control must be proven to be similar actions of someone of D sex and age.

Facts: D killed flatmate (V) in drunken feud at flat.

34
Q

What case illustrates the principle that loss of control must be proven to be similar actions of someone of D sex and age?

Give brief facts.

A

R v Rejmanski (2017)

Facts: D killed flatmate (V) in drunken feud at flat.

35
Q

In what ways is the defence of loss of control ‘wider’ than the previous defence of ‘provocation’?

A

1) loss of control doesn’t have to be sudden

2) a fear of serious violence is an additional matter to be considered

36
Q

In what way is the defence of loss of control ‘narrower’ than the previous defence of ‘provocation’?

A

Sexual infidelity is not allowed as a qualifying trigger.

37
Q

What is diminished responsibility?

A

A part-defence to a murder charge which reduces the verdict to one of voluntary manslaughter.

38
Q

What act originally set out the defence of diminished responsibility?

A

s2 Homicide Act 1957

39
Q

s2 Homicide Act 1957 was the original legislation that made provisions for which part-defence?

A

Diminished responsibility

40
Q

What Act and section amended the provisions in s2 Homicide Act 1957 for the part-defence of diminished responsibility?

A

s52 Coroners and Justice Act 2009

41
Q

s52 Coroners and Justice Act 2009 amended the provisions in which Act regarding the defence of diminished responsibility?

A

s2 Homicide Act 1957

42
Q

What are the component parts of the definition of a part-defence of diminished responsibility?

A

1-D kills or party to killing not to be convicted of murder if suffering from abnormality of mental functioning which-

(a) recognised medical condition
(b) impaired D ability to do things mentioned in ss 1A
(c) provides explanation for D actions

1A those things are-

(a) understand nature of D conduct
(b) form rational judgment
(c) exercise self control

1B-abnormality of mental functioning provides explanation for D actions

43
Q

What does s2(1) Homicide Act 1957 state regarding defence of diminished responsibility?

A

1-D kills or party to killing not to be convicted of murder if suffering from abnormality of mental functioning which-

(a) recognised medical condition
(b) impaired D ability to do things mentioned in ss 1A
(c) provides explanation for D actions

44
Q

What does s2(1A) Homicide Act 1957 state regarding defence of diminished responsibility?

A

1A those things are-

(a) understand nature of D conduct
(b) form rational judgment
(c) exercise self control

45
Q

What does s2(1B) Homicide Act 1957 state regarding defence of diminished responsibility?

A

1B-abnormality of mental functioning provides explanation for D actions

46
Q

D kills or party to killing not to be convicted of murder if suffering from abnormality of mental functioning which-

(a) recognised medical condition
(b) impaired D ability to do things mentioned in ss 1A
(c) provides explanation for D actions

What Act and section is this from?

A

s2(1) Homicide Act 1957

47
Q

those things are-

(a) understand nature of D conduct
(b) form rational judgment
(c) exercise self control

What Act and section is this from?

A

s2(1A) Homicide Act 1957

48
Q

abnormality of mental functioning provides explanation for D actions

What Act and section is this from?

A

s2(1B) Homicide Act 1957

49
Q

What is the burden of proof for proving diminished responsibility?

A

On the balance of probabilities-but the defence must prove this.

50
Q

What case is an example of a defence of diminished responsibility on the grounds of abnormality of mental functioning?

Give brief facts.

A

R v Byrne (1960)

Facts: D was ‘sexual psychopath’. Murder conviction quashed as he was unable to control perverted desires.

51
Q

The case of R v Byrne (1960) is an example of what part-defence?

A

Diminished responsibility-on the grounds of abnormality of mental functioning.

52
Q

What three things must be substantially impaired regarding an abnormality of mental functioning?

A

A) Understand-the nature of D conduct
B) Rational-form a rational judgment
C) Exercise-self-control

53
Q

What does the case of R v Golds (2016) signify regarding diminished responsibility?

A

That the meaning of ‘substantial’ (regarding substantially impaired) can be put to the jury unless there is a lack of evidence to provide the jury with.

54
Q

What case supports the principle that the meaning of the word ‘substantial’ can be put to the jury?

Give brief facts.

A

R v Golds (2016)

Facts: D killed partner and attempted defence of diminished responsibility. Judge didn’t have to define word ‘substantially’ to jury. D charged with murder.

55
Q

What principle does the case of R v Dowd (2012) support?

Give brief facts.

A

Principle: That voluntary drunkenness cannot constitute diminished responsibility.

Facts: D got drunk, killed girlfriend. Claimed diminished responsibility as ‘couldn’t remember’-charged with murder.

56
Q

What case supports the principle that voluntary drunkenness is not diminished responsibility?

Give brief facts.

A

R v Dowd (2012)

Facts: D got drunk, killed girlfriend. Claimed diminished responsibility as ‘couldn’t remember’-charged with murder.

57
Q

What principle does the case of R v Dietschmann (2003) support?

Give brief facts.

A

Principle: that in toxification doesn’t magnify pre-existing abnormality of mental functioning.

Facts: V taunted D who’s aunt had recently died. D killed V whilst drunk. Psychiatrists agreed there was abnormality of mental functioning but not enough to be substantial.

58
Q

What case supports the principle that in toxification doesn’t magnify pre-existing abnormality of mental functioning?

Give brief facts.

A

R v Dietschmann (2003)

Facts: V taunted D who’s aunt had recently died. D killed V whilst drunk. Psychiatrists agreed there was abnormality of mental functioning but not enough to be substantial.

59
Q

What principle does the case of R v Wood (2008) support?

Give brief facts.

A

Principle: involuntary drinking can constitute diminished responsibility.

Facts: D was alcoholic and killed V. Court had to decide whether Alcohol had damaged his brain and if not that the drinking of alcohol was involuntary due to alcoholism.

D guilty of voluntary manslaughter.

60
Q

What case supports the principle that involuntary drinking (alcoholism for example) can constitute diminished responsibility?

Give brief facts.

A

R v Wood (2008)

Facts: D was alcoholic and killed V. Court had to decide whether Alcohol had damaged his brain and if not that the drinking of alcohol was involuntary due to alcoholism.

D guilty of voluntary manslaughter.

61
Q

What act provides for the defence of diminished responsibility?

A

s2 Homicide Act 1957

As amended by s52 Coroners and Justice Act 2009

Year 2 A-Level Law AQA Textbook (18 decks)

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