Criminal 2 - Voluntary Manslaughter - loss of control Flashcards
What are the two types of Manslaughter?
- Voluntary Manslaughter
- Involuntary Manslaughter
What defence can reduce a murder offence to voluntary manslaughter?
If D is:
- loss of control
- diminished responsibility
What are the types of Voluntary manslaughter?
- Diminished responsibility voluntary Manslaughter
- Loss of Control voluntary Manslaughter
Voluntary manslaughter - loss of control - what sort of defence
Partial
Voluntary manslaughter - loss of control - who has BoP?
- Judge decides whether defence can be put to Jury, if so
- Prosecution has BoP- but only need show one element missing
Voluntary manslaughter - loss of control - what is required?
- killing resulted from D’s loss of control
- qualifying trigger
- no disqualifying trigger
- objective reasonable for someone with D’s attributes to lose control.
Voluntary manslaughter - loss of control - what are qualifying triggers?
- fear of violence
- things said or done of a grave character that led to a justified sense of being wronged
- a person of D’s sex, age with a normal degree of tolerance in the circumstances of D might have reacted in the same way
Voluntary manslaughter - loss of control - what are disqualifying triggers?
can’t be:
- D incited V to use violence
- Revenge
- sexual infidelity
.
- mere circumstances (traffic)
- attempted murder
Voluntary manslaughter - loss of control - what are non-allowable characteristics when considering whether the reasonable person would have acted in a similar way?
- Bad temper
- Intoxication
- Extreme sensitivity
- PTSD
- Personality Disorder
Voluntary manslaughter - loss of control and intoxication - what’s the beef?
Loss of control approached by standard of sober man. Taunts of alcoholism still contribute, but being drunk wouldn’t.
