Criminal - Fatals - Voluntary Manslaughter

Question 1

What is voluntary manslaughter?

Answer 1

A killing normally amounting to murder because the defendant had malice aforethought. So has the same mens rea and actus reus as murder, but due to one or more partial defences its reduced to voluntary manslaughter.

Question 2

Wha are the two partial defences that reduce a charge to voluntary manslaughter?

Answer 2

S.2 Homicide Act 1957 - diminished responsibility
S.54 Coroners and justice act 2009 - loss of control

Question 3

What is the definition of diminished responsibility?

Answer 3

S2(1) Homicide act 1957.
Abnormality of mental functioning arising from a recognised mental condition which substantially impairs D’s ability to (…) and provides an explaination for D’s conduct.

Question 4

Who has the burden of proof for diminished responsibility?

Answer 4

The defendant.

Question 5

Explain abnormality of mental functioning. (DR)

Answer 5

Lord Parker defined this in (Byrne)
A state of mind so different from that of an ordinary human being that the reasonable person would deem it abnormal. Including rational judgement and the ability to expertise will power.

Question 6

Explain ‘substantially impairs D’s ability to… (DR)

Answer 6

Impairment need not be total but must be more than trivial, medical evidence in support (Lloyd)

Must be proven that ‘D’s’ ability to do one of three things must be severely impaired…
1 - even if they know the nature of their conduct they may not be able to make a sound judgement.
2- ‘d’ cannot control their desires/actions
3- when they’re in an automatic state or having dillusions

Question 7

Explain ‘provides an explanation for the defendants conduct’ (DR)

Answer 7

Is there a connection between D’s actions and their abnormality of mental functioning? (R v King)

Question 8

What are the three elements of a successful loss of control defence?

Answer 8

1 - d must have lost self control, doesn’t have to be sudden
2- there must be a qualifying trigger
3- a person of the same sex/age would’ve acted in the same way as d in the same circumstances.

Question 9

What is loss of control described as?

Answer 9

Undertaken without careful thought

Question 10

What are the qualifying triggers for loss of control?

Answer 10

Fear or serious violence
Things said or done

Question 11

Explain fear of violence (loss of control)

Answer 11

D doesn’t have to fear violence by the victim, can also be by another person. That other person does have to be identified it cannot be a general fear of violence.

Question 12

Explain things said or done (loss of control)

Answer 12

1 - they were of extremely grave character
2- justifiable sense of being wronged

Question 13

What are the excluded triggers? (Loss of control)

Answer 13

Sexual infidelity (can only be used if it’s attached to a different qualifying trigger)(Clinton)
Revenge (is the defendant has the time to consider revenge it cannot be used as a defence)