(Crim) Voluntary Manslaughter Flashcards
s. 54 Coroners & Justice Act 2009
Loss Of Control:
D is NOT to be convicted of murder if
- D lost self-control
- The loss of self-control had a qualifying trigger
- A Person of D’s sex, age and with a normal degree of tolerance and self restraint would have reacted the same in that situation.
R v Jewell (2014)
Loss of Self-Control:
D went round to V’s house and shot him after V threatened him. D claimed he lost control but brought a gun and ammunition to his house. Sufficient cool off time. Planned attack. Not able to rely on manslaughter
R v Ward (2012)
Fear of Violence:
V attacked D’s brother so D hit V with a pickaxe handle and killed him. Ward was guilty of manslaughter.
R v Clinton (2012)
Sexual Infidelity:
D killed his wife after marital and financial problems. He found explicit messages between her and another man so he beat her to death. D raised loss of control but the judge rejected the defence.
DPP v Camplin (1978)
Person of D’s Sex and Age would have reacted similarly:
D was a fifteen year old boy and V was a 50 year old man who sexually abused him. Originally D was held to the standard of an adult male but the CoA said that was wrong.
R v Van Dongen (2005)
Person of D’s Sex and Age would have reacted similarly:
Jury thought an ordinary person would have lost self control but not have reacted as violently.
R v Zebedee (2012)
Person of D’s Sex and Age would have reacted similarly:
D lost control and killed his 94 year old dad who had Alzheimer’s. Court thought that father’s behaviour was not a qualifying trigger
R v Byrne (1960)
Abnormality of Mental Functioning:
D was a sexual psychopath who strangled his victim in a hostel. D claimed he was unable to control his desires. CoA held that “Abnormality of Mind covers everything” D got manslaughter.
R v Alhuwalia (1989)
Recognised Medical Condition:
She killed her husband. Courts say Battered Women’s Syndrome is a recognised medical condition.
R v Sutcliffe (1981)
Recognised Medical Condition:
Peter Sutcliffe got away with diminished responsibility due to paranoid schizophrenia
R v Vinagre (1979)
Recognised Medical Condition:
Got away with killing his wife due to “Othello Syndrome” (extreme jealousy for no reason)
R v Wood (2008)
Recognised Medical Condition:
Alcohol Dependency syndrome rules are lighter. D does not have to be brain damaged nor does their drinking need to be involuntary.
R v Dietschmann (2003)
Recognised Medical Condition:
D suffered from depression after his aunt/lover died. D attacked V after he had been drinking. Despite the drink mental abnormality substantially impaired his mental responsibility for actions.
