Criminal law: Voluntary Manslaughter

Question 1

What are the partial defences to murder ?

Answer 1

• Loss of control
• Diminished responsibility

Question 2

What is a partial defence ?

Answer 2

A defence that does not completely aquit the defendant

Question 3

When the partial defence is successful the offence of murder is reduce to …

Answer 3

Voluntary manslaughter with a maximum sentence of life imprisonment.

Question 4

What is voluntary manslaughter ?

Answer 4

The verdict where the defendant carried out the killing when they were suffering from diminished responsibility or loss of control .

Question 5

LOSS OF CONTROL : What needs to be proven for the loss of control defence under section S4(1) of the Coroners and justice act 2009 ?

Answer 5

• The defendant must have lost self control which caused their act
• There must be a qualifying trigger
• A person of the same sex and age would have reacted the same way as the defendant in the same circumstances

Question 6

LOSS OF CONTROL :What was held in R v Jewell 2014 ( burden of proof )?

Answer 6

There must be more than the accused ‘s ‘bare assertion ‘ of the defence . There was insufficient evidence of the defendant having lost his self control .

Question 7

LOSS OF CONTROL : What is the loss of self control ?

Answer 7

• The defendant lost their ability to maintain their actions in accordance with judgement
• The defendant lost their normal powers of reasoning
• The defendants behaviour was atypical to their normal being

Question 8

LOSS OF CONTROL :Under S54(2) does the loss of control need to be sudden ?

Answer 8

The loss of control does not need to be sudden.

Question 9

LOSS OF CONTROL : What are qualifying triggers under S55 ?

Answer 9

• The defendants fear of violence
• Things said or done

Question 10

LOSS OF CONTROL : What is the fear of violence ?

Answer 10

Where the defendant will need to show that their loss of control was because of a fear of violence against the defendant or anther person.

R v Dawes (2013 ) the fear of violence defence was not available because no violence was induced .

Question 11

LOSS OF CONTROL : What are “things done or said “ ?

Answer 11

Where the victim did or said something at an extremely grave character and cause the defendant to have a justifiable sense of being seriously wronged .

Question 12

LOSS OF CONTROL : What is the standard of self control?

Answer 12

Under S54 a person of the defendants sex and age with a normal degree of tolerance and self restraint would have reacted in a similar way if they were in the same circumstance.

Question 13

DIMINISHED RESPONSIBILITY : What is diminished responsibility ?

Answer 13

Defined under the homicide act 1957 S2 (1) Amended by S52 of the coroners justice act 2009. The defence that the defendant was suffering from an abnormality which arose from recognised medical condition .
R V Byrne 1960: Defendant convicted of manslaughter as he was not able to resist the impulse to gratify his perverted desires therefore diminished responsibility was available.

Question 14

DIMINISHED RESPONSIBILITY : What would an abnormality of mental functioning impair the defendant to do ?

Answer 14

• Understand the nature of their conduct
• form a rational judgement
• exercise self control

Question 15

DIMINISHED RESPONSIBILITY : What is the burden of proof for diminished responsibility ?

Answer 15

The defendant needs to prove on the balance of probabilities .

Question 16

DIMINISHED RESPONSIBILITY : What is the cause of abnormality of mental functioning ?

Answer 16

It must arise from recognised medical condition defined in the international classification of diseases.

Question 17

DIMINISHED RESPONSIBILITY : What is the effect of intoxication on the diminished responsibility ?

Answer 17

The effect of taking alcohol or drugs cannot itself be pleased as a defence as shown in Tandy 1989: Court of Appeal held that drunkenness was not abnormality of the mind.